Ex parte PERRY et al. - Page 13




          Appeal No. 1998-1259                                                        
          Application No. 08/264,817                                                  

          received." Similar language is found in col. 1, lines 14-15 of              
          Connary which discloses "Selective call radio receivers such                
          as pagers...."  The language "such as" makes clear that the                 
          inventions of MacDonald and Connary can be extended to other                
          wireless communication devices such as a radiotelephone, and                
          we consider it to have been well within the ordinary skill of               
          a skilled artisan to have utilized the wireless communication               
          devices of MacDonald and Connary in a radiotelephone                        
          environment.                                                                


               As noted by the examiner (answer, page 5)in the                        
          Background of the Invention, set forth on page 5, lines 24 and              
          25 of the specification, wireless communication devices are                 
          known to include radiotelephones and pagers.  We are                        
          unpersuaded by appellants' assertion with respect to claim 11               
          that the examiner is improperly using appellants' own teaching              
          to reject appellants' own claims.  The Background of the                    
          Invention set forth in the specification discloses what is                  
          presumed to be known in the prior art.  Appellants have not                 
          specifically refuted the examiner's factual finding that                    

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