Ex parte RAGAN et al. - Page 3




          Appeal No. 1997-2246                                                        
          Application 08/353,572                                                      

          system.  Independent claim 2 is reproduced below:                           
               2.   A message transmission system comprising in                       
               combination:                                                           
               first and second transmitters located at different                     
               physical locations, said first transmitter operating                   
               at a first frequency and said second transmitter                       
               operating at a second frequency which is different                     
               than said first frequency, each of said transmitters                   
               transmitting the same messages at different times,                     
               a plurality of radio receivers, said receivers being                   
               frequency agile,                                                       
               means for setting a receiver to said first frequency                   
               and for switching to the frequency of said second                      
               transmitter if a message is not received from said                     
               first transmitter,                                                     
               whereby said transmission system has time, space and                   
               frequency diversity.                                                   
                                     Discussion                                       
               The position of the examiner regarding the finding of                  
          anticipation is articulated on page 3 of the answer as                      
          follows:                                                                    
                    With respect to the rejection, Schwendeman et al                  
               teaches (figures 1, 3, and 7) a radio paging system                    
               (figure 3; column 6 line 31 - column 8 line 5) using                   
               a time slot protocol (figures 1 and 7) including                       
               first and second transmitters (308, 310) located at                    
               different physical locations thereby providing                         
               spacial diversity, operating at different                              
               frequencies (note each transmitter is operating on a                   
               different channel) thereby providing frequency                         
               diversity, and transmitting the same information                       
               conforming to the time slot protocol (figure 1)                        
                                          3                                           





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