Ex parte TUTTLE et al. - Page 7




          Appeal No. 96-3086                                                          
          Application No. 08/306,906                                                  


          We find the examiner’s views in this regard to be purely                    
          speculative, lacking even a semblance of evidence, save for                 
          appellants’ own disclosure, as to any suggestion for employing              
          a test fixture with the cellular mobile telephone system of                 
          Marui.  Marui nowhere indicates that there is any desire or                 
          need to test the reliability of the signal strength circuitry.              
          Since Marui merely causes received signals of insufficient                  
          strength to terminate transmission, there is no suggestion                  
          therein of transmitting a second RF signal containing a                     
          message conveying the digital representation of the value of                
          the received signal strength measurement for purposes of                    
          testing the sensitivity of an RF transponder, as claimed.                   
               The examiner’s decision rejecting claims 46, 47, 66 and                
          67 under 35 U.S.C. § 103 is reversed.                                       


                                      REVERSED                                        


                         ERROL A. KRASS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         LEE E. BARRETT                )     APPEALS                  
                                          7                                           





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