Ex parte RAGAN et al. - Page 6




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

          recite:  “each of the transmitters transmitting the same                    
          messages at different times (emphasis added),” the                          
          specification on page five states the following:                            
               All of the messages being sent to the individually                     
               addressable paging receivers 10 are broadcast on                       
               each of the transmitters 15A, 15B and 15C.  Thus,                      
               each message is broadcast from three different                         
               transmitters.  While each of the three stations                        
               broadcasts the same set of messages, the                               
               transmissions are offset in time thereby providing                     
               the system with time diversity. (Emphasis added)                       
          It is not consistent with the specification to regard                       
          appellants’ claim 2 as requiring only that some but not all                 
          messages transmitted by the plurality of transmitters are the               
          same.  The examiner has not pointed to any portion of the                   
          specification which would reasonably permit the broader                     
          reading of the claim language.  In the context of the                       
          appellants’ invention, then, the transmitters must only                     
          transmit the same messages.  A broader interpretation has not               
          been justified by the examiner, in light of the appellants’                 
          specification.                                                              
               Because the transmitters in the different zones of                     
          Schwendeman transmit their own local messages, which are                    
          different, as well as any messages to be commonly transmitted               


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