Ex parte BYRNE - Page 19




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


          (sic) determined by sensing the rate at which the radio                     
          telephone moves across cell boundaries, as taught by Shiotsuki,             
          et al in the radio telephone and method of Chia in view of                  
          Schellinger, et al in order to effectively control the time                 
          interval of issuing handoff request.”  Appellant argues, brief              
          at page 15, that “[t]here is no velocity sensing means in                   
          Shitsuki [sic, Shiotsuki] et al. Shitsuki [sic, Shiotsuki] et               
          al. merely uses a level crossing rate to delay a handoff.  There            
          is no disclosure or suggestion in Shitsuki [sic, Shiotsuki] al.             
          of using a level crossing rate to sense velocity that is                    
          subsequently used to select between two radio telephone                     
          systems.”  We disagree with Appellant’s position.  Figure 4 of              
          Shiotsuki shows that a high rate of level crossing would give               
          rise to a short time interval of handoff requested signals,                 
          which would correspond to the mobile station moving at a faster             
          speed, because in a fast moving speed, the handoff has to be                
          given at a fast rate as the contact with the base stations has              
          to be made from one region to the next.  See column 5 lines, 36-            
          48.  Therefore, we sustain the obviousness rejection of claims              
          3-5 and 14 over Chia, Schellinger and Shiotsuki.                            


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