Ex parte BERUBE et al. - Page 2




                    Appeal No. 1998-2868                                                                                                                                  
                    Application No. 08/635,986                                                                                                                            


                              1.  A portable communicator for use with a personal                                                                                         
                    security system; said communicator comprising:                                                                                                        

                              a transmitter for transmitting wireless signals                                                                                             
                    identifying said communicator to said system;                                                                                                         
                              a manually operated actuator initiating said transmission                                                                                   
                    of said identifying signals; and,                                                                                                                     
                              a control responsive to said manual initiation and                                                                                          
                    automatically transmitting said identifying signals repeatedly                                                                                        
                    over a predetermined time interval exceeding five minutes,                                                                                            
                    said control automatically discontinuing said automatic                                                                                               
                    transmissions at the end of said predetermined time interval.                                                                                         
                              The reference relied on by the examiner is1:                                                                                                
                    Akerberg                                          4,347,501                                                   Aug. 31,                                
                    1982                                                                                                                                                  
                              Claims 1, 2, 7 and 11 stand rejected under 35 U.S.C.                                                                                        
                    § 103(a) as being unpatentable over Akerberg.                                                                                                         
                              Reference is made to the brief (paper number 11) and the                                                                                    
                    answer (paper number 12) for the respective positions of the                                                                                          
                    appellants and the examiner.                                                                                                                          
                                                                             OPINION                                                                                      




                              1 Although U.S. Patent No. 5,363,425 to Mufti et al. is                                                                                     
                    listed in the prior art of record (Answer, page 3), the                                                                                               
                    examiner did not include this reference in the rejection of                                                                                           
                    record (Answer, pages 3 through 5).                                                                                                                   
                                                                                   22                                                                                     





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