Appeal No. 97-2758 Page 4
Application No. 07/859,962
the disclosure does not enable the skilled artisan to make and
use the claimed invention without undue experimentation.
We reverse.
To whatever extent the examiner may have had a reasonable
basis for questioning the adequacy of the instant disclosure,
we agree with appellants, for the reasons set forth in the
briefs and the Bakhuizen declaration, of record, that the
examiner’s prima facie case has been overcome.
With regard to how the decision is made as to whether a
call is set up in the conventional normal transmission mode,
the extended conventional transmission mode or the inventive
extended transmission mode, we make reference to pages 7-8 of
the specification. Therein, it is stated that access bursts
arriving within two consecutive time slots can be detected and
the delay can be measured. It is this measured delay that is
used to determine if the call shall be set up on a normal
channel or on a channel with extended range capability. The
necessary offset, whether in the extended conventional
transmission mode or the inventive extended transmission mode,
is built into the system.
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