Appeal No. 96-3618
Application 08/004,598
area, which means the power level of the public cellular
system is substantially higher than the power level of the
private radio telephone system. Kinoshita establishes a prima
facie case of anticipation of claim 30.
Appellant argues that the "Examiner has failed to show,
at least with a clarity sufficient to permit a skilled artisan
to see and understand, exactly where Kinoshita describes that
particular structure" (3dRBr5). We consider the rejection to
be sufficiently clear. To the extent that the Examiner has
done things like refer to element 16 as the first wireless
base station, where the base station might be considered to
also include the antennas, this is good enough for anyone
reading the action to understand what was intended since there
is no single element number that could be used.
Appellant asks where Kinoshita describes "a first
wireless telephone base-station," "a second wireless telephone
base-station," and "a portable wireless telephone instrument"
(3dRBr5). These elements have been addressed supra.
Manifestly, Kinoshita does not need to use the same terms as
the claim.
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