Ex parte KOMODA - Page 9




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


                    As pointed out above, Appellant uses a conventional               
          conversation ending procedure (e.g., Kerr or Lee) to signal a               
          base station for a release of channel when battery voltage                  
          becomes low.  Saito ends conversation when battery voltage                  
          becomes low, but goes into a “waiting state”.  We are                       
          unconvinced that Saito’s “waiting state” is meant to release                
          the channel.  Thus we find no motivation to combine Kerr or                 
          Lee with Saito for use when battery voltage becomes low.                    
          Accordingly, we will not sustain the Examiner’s rejection of                
          claim 1, and likewise claims 2 through 6 which depend from                  
          claim 1 and include the same unmet limitations.                             












                   We have not sustained the rejection of claims 1                   
          through 6 under 35 U.S.C. § 103.  Accordingly, the Examiner's               


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