Appeal No. 1998-1259
Application No. 08/264,817
110, the audio alert 116 and the tactile alert 116. However,
the frequency is set by frequency selector 120, and in a
second embodiment disclosed in figure 2, the frequency is set
by a tunable resistor 130. Col. 2, lines 56-59 of MacDonald
disclose that "After measuring the vibration of the tactile
alert 116, information relating to the selected frequency may
be displayed on the display 110 of the selective call receiver
100." In addition, col. 2, line
68 through col. 3, lines 1 and 2 of MacDonald set forth that
"Additionally, the selective call receiver 100 may display the
selected frequency of vibration setting on the display 110."
While information related to the frequency itself is
displayed, this is not the same as having the distinctive
alert patterns themselves be substantially the same. The
reference is silent as to whether the tactile alert, and the
audio alert or display have substantially the same distinctive
alert pattern. Because the frequency of the tactile alert
generator is set by a frequency selector or tunable resistor,
it does not appear to us that the distinctive alert patterns
are substantially the same as required by claims 9 and 10.
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