Appeal No. 96-3086
Application No. 08/306,906
be unreasonable in view of Marui’s converting of the received
signal from receiver 22 to digital form by A/D converter 24.
However, we do take issue with the examiner’s finding of
the claimed transmission of a second RF signal within the
disclosure of Marui. Both independent claims 46 and 66
require the transmission of “a second RF signal containing a
message conveying the multiple-bit digital representation” of
the received signal strength. The examiner points to column
2, lines 61-66, of Marui for such a teaching. However,
reference to the cited portion of Marui finds only an
explanation that when the detected signal strength value
decreases to a second threshold value, microprocessor 15
causes transmitter section 12 to terminate broadcasting,
presumably on the assumption that the signal is too weak to
continue using the cellular telephone. We find no teaching or
suggestion in Marui of the transmission of a second RF signal
which contains a message conveying the representation of
signal strength. Of course, there is no need for conveying
such a message in Marui for Marui is not interested in testing
transponders as is the instant invention. Moreover, if Marui
causes termination of transmission on receipt of a signal
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