Ex parte BYRNE - Page 9




          Appeal No. 1999-1109                                                        
          Application No. 08/359,904                                                  


               Rejection under 35 U.S.C. § 112, second paragraph                      
               The Examiner rejects claims 2-10 and 17-20 under this                  
          ground of rejection on page 5 of the Examiner’s answer.  With               
          respect to claim 17, the Examiner contends, id., that “Claim 17             
          is confusing since terms ‘absolute velocity’ and ‘relative                  
          velocity’ are undefined in the specification.”  Appellant at                
          page 6 of the principal brief argues that “[t]he specification              
          describes various ways to sense velocity of the telephone                   
          including use of a car speedometer, inertial navigation unit,               
          GPS satellite navigation system, etc.  Clearly, these do not                
          measure or sense relative velocity of the telephone relative to             
          the base station.  They are used to sense non-relative or                   
          absolute velocity.”                                                         
               Regarding claim 2, the Examiner asserts, answer at page 5,             
          that “[c]laim 2 is confusing since both of the telephone systems            
          are cellular, while the parent claim state (sic) one must be a              
          non-cellular.”  Appellant argues, principal brief at page 6,                
          that “claim 2 includes three telephone systems; one non-cellular            
          and                                                                         
          two cellular.”                                                              


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