Ex parte NILSSEN - Page 40




          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.                                                                  
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