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 7Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007