Appeal No. 1998-2191
Application No. 08/284,708
the Reply Brief (filed Dec. 30, 1996) for appellant’s position with respect to the claims
which stand rejected.
OPINION
The rejection of instant claim 1 is set forth on pages 4 and 5 of the Answer. Hattori is
relied upon as disclosing a base station linked to a mobile station 300. Hattori discloses,
as pointed out at column 5, line 59 to column 6, line 17, that the mobile unit receives
signals from the base station over the established speech communication link. The
received information includes charge rate information. The call charge is calculated in the
mobile unit by multiplying the time of the call by the charge rate information.
Contrary to the examiner’s finding, however, the section does not disclose that the
mobile unit “obtains the air time from the base station unit.” Rather, CPU 331 (Fig. 2) of
radio unit 300, which is part of mobile telephone apparatus 100 (Fig. 1), measures speech
communication time, and uses the received charge rate information to calculate the call
charge. According to column 5, lines 13 through 23 of Hattori, the user enters a dollar
value for the allowable call charge.
In any event, the examiner concludes that “[i]t would have been obvious to one of
ordinary skill in the art to perform the calculation step in the base unit because the base
unit controls the charge rate and it recognizes the amount of the air time when in direct
communication with the mobile unit whenever a two-way call is attempted.” (Answer, page
-3-
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