Ex parte SCHORNACK et al. - Page 6




          Appeal No. 97-2762                                                          
          Application No. 08/309,845                                                  


          between the telephone 7 and the plurality of telephones 1-1                 
          and 1-m, the radio link does not connect the telephone 7 to                 
          the access units (i.e., base stations) 2-1 through 2-l as                   
          required by claim 12.  The examiner recognizes this by stating              
          (Answer, page 4) "if the landline telephone places a call to a              
          radiotelephone (1), then the connection to the radio network                
          is via a part of the landline (i.e. via the wiring coupling                 
          the phone 7 to the PBX 5) before the actual radio link                      
          commences."  (Emphasis added).                                              
               Based upon the foregoing, the 35 U.S.C. § 102(b)                       
          rejection of claim 12 is reversed because Shibata discloses a               
          wired link as opposed to a "radio link that connects a land-                
          line, telephonic communication device to a base station of the              
          radio link."  As a result of the reversal of the 35 U.S.C. §                
          102(b) rejection of claim 12, the 35 U.S.C. § 102(b) rejection              
          of dependent claims 13 through 17, 20 and 22, and the 35                    
          U.S.C. § 103 rejection of dependent claims 18, 19, 21 and 23                
          through 28 are likewise reversed.                                           
               If the claimed "second means" corresponds to "the wiring               
          coupling the landline telephone to the PBX 5" (Answer, page                 
          4), then we agree with appellants’ argument (Reply Brief, page              
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