Ex parte MARTENSSON et al. - Page 5




             Appeal No. 1998-2936                                                                                 
             Application No. 08/665,590                                                                           


             limitations set forth in the claim.  Here, we note that the language of claim 16 is quite broad      
             in the recitation of the step of “initiating the placement of a telephone call in accordance         
             with signaling information exchanged between said telephone and said base station.”  We              
             note that the language of the claim does not limit the type of input from the user, wherein it       
             may be manual actuation of a key or a voice input.   Further-more, the claim  does not limit         
             the signaling between the units.                                                                     
                    Hence, the initiation of the call need only be “in accordance with signaling                  
             information exchanged between said telephone and said base station.”  (Emphasis                      
             added.)  In our view, all cellular telephones must communicate with the base station within          
             each cell as a cellular telephone is moved from cell to cell wherein there is a required             
             communication between a cellular telephone and a base station to register the phone                  

             within a cell.  All calls made would be required to be made “in accordance with signaling            
             information exchanged between said telephone and said base station.”                                 
                    With this said, we turn to the rejection by the examiner.  The examiner offers Burke          
             and Gerson as evidence of obviousness.  The examiner maintains that the user’s input                 
             from pressing the “telephone” key signals information exchange between the mobile unit               
             and base station.  (See answer at page 4 and Burke at col. 10.)  It is unclear from the cited        
             passage of Burke whether the actuation of the “telephone” key                                        




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