Ex parte BYRNE - Page 20




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


               Chia, Tanaka and Benveniste, or Ivanov or Kojima or                    
          Ramsdale or Yamada or Mende                                                 
                                                                                     
               Examiner rejects claims 17-19 under this combination at                
          pages 10-12 of the Examiner’s answer.  Examiner asserts, id. at             
          10, that “Tanaka teaches the well known use, and the Examiner               
          takes also official notice as such, of means for sensing                    
          absolute velocity of the telephone without regard to relative               
          velocity of the telephone relative to the base station in a                 
          radio station for the purpose of operating a radio telephone                
          base on the radio telephone speed.”  The Examiner further                   
          states, id. at 10-11, “it would have been obvious ... to                    
          incorporate the well know (sic) use of means for sensing                    
          absolute velocity of the telephone without regard to relative               
          velocity of the telephone relative to the base station in the               
          radio telephone of Chia in order to operate a radio telephone               
          base on the radio telephone speed.”  Appellant argues, brief at             
          page 18, that “Tanaka does not indicate if the ‘traveling speed’            
          is absolute velocity or relative velocity.  Furthermore, even               
          if Tanaka and Chia were combined, they would only suggest adding            
          reception of position registration information, based upon a                
          time interval calculated with speed estimator 64, to the                    

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