Appeal No. 96-3618 Application 08/004,598 16. Claims 43-45: § 103(a) over Gillig and Gilhousen Claims 43-45 recite that the portable wireless telephone instrument emits a third outgoing wireless telephonic signal at a third power level and the first power level (of the cordless base station) is adjusted in response to the third outgoing telephonic signal (claim 43) or the third power level (of the handset) is adjusted in response to information conveyed by either the first outgoing wireless telephonic signal (of the cordless base station, claim 44) or the second outgoing wireless telephonic signal (of the cellular base station, claim 45). The Examiner finds that "[i]t [wa]s well known in the art to adjust both base station transmit levels as well as handset transmit power levels as the signal is determined to be at varying strengths" (EA14), as evidenced by Gilhousen. Gilhousen discloses adjusting the mobile unit transmitter power and the base station transmitter power. Appellant acknowledges, but does not respond to the rejection in the Reply Brief; thus, we presume that Appellant admits the Examiner's finding of what was well known in the art and in the teachings of Gilhousen. The rejection of claims 43-45 is sustained. - 40 -Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NextLast modified: November 3, 2007