Ex parte PEDRAJA et al. - Page 5




                 Appeal No. 1998-2708                                                                                                                   
                 Application No. 08/459,361                                                                                                             

                          In a system such as this, one would be motivated to                                                                           
                          include a control means for enabling/inhibiting the                                                                           
                          wireless terminal station, as taught by Gillig, in                                                                            
                          order to minimize communications costs.  Therefore,                                                                           
                          in order to minimize communications costs, it would                                                                           
                          have been obvious to one of ordinary skill in the                                                                             
                          art at the time of applicant’s invention to use an                                                                            
                          apparatus with an alternate communications means and                                                                          
                          a control means for enabling/inhibiting the wireless                                                                          
                          terminal station as taught by Gillig, in the typical                                                                          
                          radio communications system of Morais. [Final                                                                                 
                          rejection-page 3.]                                                                                                            
                          Appellants argue that neither Gillig nor Morais teaches                                                                       
                 or suggests the claimed wireless terminal station (WTS)                                                                                
                 (brief-page 12).  The Examiner responds that the wireless                                                                              
                 terminal station (WTS) is taught at 10 in Figure 1 of Gillig,                                                                          
                 and the first sentence of the abstract and Figure 1 in Morais                                                                          
                 (answer-page 4).                                                                                                                       
                          We agree with Appellants as to Gillig.  Element 10 in                                                                         
                 Figure 1 of Gillig clearly does not have “telephone sets (T)                                                                           
                 connected by subscriber lines (LS) to the wireless terminal2                                                                           
                 stations (WTS)” as recited is independent claims 1 and 3.  On                                                                          
                 the other hand, Morais clearly discloses such wireless                                                                                 
                 terminal stations (WTS) in Figure 1 as 14, 16 and 18.                                                                                  



                          2“[T]erminals” here in claim 1 should be “terminal”.                                                                          

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