Ex parte KOMODA - Page 7




          Appeal No. 1998-0493                                                        
          Application 08/364,000                                                      


          communication.  (Brief-pages 5 and 6.)  Appellant states                    
          “Thus, the channel is maintained, presumably in the hope that               
          operating voltage level would be restored and communication                 
          resumed.  This is contrary to the claimed invention wherein                 
          the base station is signalled to drop the channel, and                      
          communication is forcibly terminated.”  (Brief-pages 6 and 7.)              
                    We acknowledge the Examiner’s evidence, and we                    
          believe Appellant agrees, that it is well known to terminate a              
          conversation and signal the base station to drop the channel                
          (evidenced by Kerr and Lee).  However, we agree with                        
          Appellant.  Although Saito terminates conversation upon                     
          detection of a low voltage, it then goes into a “waiting                    
          state”.  There is nothing in the record to indicate Saito’s                 
          “waiting state” is the same as terminating a conversation and               
          relinquishing the channel.  Saito’s “waiting state” appears to              
          be a non relinquishing of the channel.  This is indicated by                
          Saito wherein it states:                                                    
               Unless the normal voltage level in restored even                       
               after the lapse of three seconds from the voltage                      
               drop, the mobile radiotelephone stays in an                            
               inoperable state.  (Emphasis added.)(Column 1, lines                   
               23-26.)                                                                


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