Appeal No. 1998-1181
Application No. 08/442,883
as a basis for the additional limitation of "as a home
carrier", which is not specifically recited in the claim.
The Examiner contends that Krollop's teaching of the 15
portable telephone’s automatically selecting and displaying a
telephone number assigned to the system meets the claim
recitation “means for automatically selecting a carrier
frequency as a home carrier”.
The Examiner then argues that it is not “invention” to16
broadly provide a mechanical or automatic means to replace
manual activity which accomplishes the same result.
We agree with Appellants that Krolopp does not teach an
automatically selecting apparatus as required by claim 1. In
section A, above, we addressed the scope of the third
subparagraph of claim 55 and found that the specific function
associated with the means limitation of claim 55 is
“automatically selecting a cellular carrier corresponding to a
detected SID matching any home SID of the plurality of home
SIDs”. Krollop does not perform this claimed function.
15 Column 2, line 64 to column 3, line 1.
16 Answer, pages 12-13.
13
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