Ex parte BARBER et al. - Page 18




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

                                Finally, Appellants assert that by virtue of the                                                                                                       
                     statutory limitations of 35 U.S.C. § 112, sixth paragraph, the                                                                                                    
                     specific means and steps are not taught by the prior art.                                                                                                         
                                In reply to Appellants' assertion that there is no reason                                                                                              
                     to combine Blair and Krolopp, the Examiner provides  that both                                                27                                                  
                     systems teach cellular phones with frequency scanning and                                                                                                         
                     frequency selection, registration to the roam system in the                                                                                                       
                     event the primary system is temporarily unavailable, and a                                                                                                        
                     comparison process to see if the received SID belongs to the                                                                                                      
                     primary SID.  In addition, Blair teaches automatically                                                                                                            
                     selecting a frequency corresponding to a home SID and Krolopp                                                                                                     
                     teaches a cellular system having more than one home SID.  The                                                                                                     
                     Examiner then find that “the Blair system as modified by                                                                                                          
                     Krollop clearly read[s] on the claimed subject matter given                                                                                                       
                     the interpretation of means-plus-function in accordance with                                                                                                      
                     35 U.S.C. § 112, sixth paragraph.”                                                                                                                                
                                In the rejection  the Examiner states that Blair fails to28                                                                                                                   
                     show the cellular system storing a plurality of home SIDs, and                                                                                                    
                     notes that Krollop teaches the cellular telephone system                                                                                                          

                                27 Response To Reply Brief, page 2.                                                                                                                    
                                28 Answer, pages 7-8.                                                                                                                                  
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