Ex parte RAITH et al. - Page 14




          Appeal No. 1997-0622                                                        
          Application No. 08/414,051                                                  


                    The Grauel et al. patent does not supply the                      
               teachings missing from the Riordan patent, even if                     
               one were to assume some logical combination of the                     
               teachings of these two patents.  The Grauel et al.                     
               patent discloses a method of accessing transmission                    
               channels in a communication system which includes                      
               the use of short access bursts.  The Grauel et al.                     
               patent discloses the purpose of the shortened access                   
               bursts is to avoid blockage of a service channel.                      
               As mentioned at column 4, lines 16-35, in the Grauel                   
               et al. system, access attempts are made by mobile                      
               systems in order to enable initiation of subscriber                    
               information transfer.  An access attempt starts with                   
               an access request formed by a short access signal.                     
               It continues with a response from the central base                     
               station and is completed with a regular access                         
               signal sent by the mobile station.                                     
                    The base station in the Grauel et al. system                      
               does not send timing adjustment information                            
               according to which a subsequent second access signal                   
               is to be                                                               
               sent . . . .                                                           
          Based upon the teachings of the applied references, it is                   
          clear that the mobile stations in each of the references                    
          initiates the transmission sequence whereas in each of claims               
          28, 30 and 31 the base station initiates the transmission                   
          sequence by sending information to the mobile stations.  Thus,              
          the 35 U.S.C. § 103 rejection of claims 28, 30 and 31 is                    
          reversed because we agree with appellants’ argument (brief,                 
          page 17) that “no matter how one attempts to combine or                     
          construe these patents, they would not result in the claimed                
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