Ex parte BARBER et al. - Page 15




                     Appeal No. 1998-1181                                                                                                                                              
                     Application No. 08/442,883                                                                                                                                        

                     monitoring primary and secondary carrier signals in search of                                                                                                     
                     a SID matching a SID among the defined plurality of home SIDs.                                                                                                    
                                As regards to claims 50 and 57 Appellants assert  that                                                 21                                              
                     Blair does not teach a plurality of home SIDs and a plurality                                                                                                     
                     of preferred SIDs in a method of carrier selection.                                                                                                               
                                The Examiner refers  to the abstract of Blair and again22                                                                                                            
                     asserts that it teaches the limitation of defining multiple                                                                                                       
                     home SIDs.  In the rejection  of these claims the Examiner  23                                                                                                    
                     posits that by programming with one or more “good” SIDs                                                                                                           
                     (preferred SIDs), the telephone unit can select a frequency                                                                                                       
                     corresponding to a preferred system which has the “good” SID                                                                                                      
                     when the service of the home system is not available.  The                                                                                                        
                     Examiner then finds that it would have been obvious to one of                                                                                                     
                     ordinary skill in the art at the time the invention was made                                                                                                      
                     to modify Blair's cellular system with a selecting step                                                                                                           
                     utilizing a preferred SID (or a “good” SID) in order to obtain                                                                                                    
                     more choices in selecting the preferred system in the event                                                                                                       
                     that the service of the home system is not available.                                                                                                             

                                21 Brief, Section H, page 11.                                                                                                                          
                                22Answer, page 11.                                                                                                                                     
                                23Answer, pages 5-6.                                                                                                                                   
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