Appeal No. 96-3618
Application 08/004,598
power level "substantially higher than the first power level
[of the first base station]" is not described or suggested
(RBr9). Obviousness is determined through the eyes of one of
ordinary skill in the art. 35 U.S.C. § 103(a). Persons of
ordinary skill in the art must be presumed to know something
about the art apart from what the references expressly
disclose. In re Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319
(CCPA 1962). One of ordinary skill would have known that a
cellular base station transmits at a substantially higher
power level than a cordless base station because the cellular
transmitted signal must cover a greater distance.
Appellant's arguments (RBr10) do not clearly point out
what feature of claim 46 is not taught by the references. It
is argued that the "cordless base-station" of claim 46 must be
a private base station and cannot reasonably be equated with
Gillig's "community cordless base station." We find no such
limitation, expressly or impliedly, in claim 46.
Nevertheless, we have noted that the cordless base station 180
in Gillig must have two transceivers and also meets claim 46.
The prima facie case has not been rebutted. The
rejection of claims 30, 46, and 61 is sustained.
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