Ex parte ROM - Page 15




          Appeal No. 1997-2066                                                        
          Application 08/537,408                                                      

               The first access point can be programmed to relay the                  
               request directly to the second access point without the                
               intervention of a central system controller.  The choice               
               of whether to relay the request directly between access                
               points or use a central controller is a matter of                      
               programming a microprocessor-based packet radio to                     
               achieve the desired communications function.                           
               Because we find that Gilhousen does not teach                          
          (1) communicating an instruction from the node to the first                 
          access point instructing the first access point to relay a                  
          request to the second access point that the second access                   
          point accept a handoff of the node from the first access point              
          to the second access point, and (2) directly relaying said                  
          request from the first access point to the second access                    
          point, the Examiner has failed to establish a prima facie case              
          of anticipation.  The anticipation rejection of claims 1 and 8              
          is reversed.                                                                

          35 U.S.C. § 103(a)                                                          
               The Examiner rejects claims 2-11 over Gilhousen in                     
          combination with one or more of Labedz, Yamauchi, Harrison,                 
          the APA, and what was well known in the art.  We find that the              
          added prior art does not cure the deficiencies with respect to              
          Gilhousen.  Thus, the rejections of claims 2-11 are reversed.               


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