Ex parte CAPONE et al. - Page 4




          Appeal No. 1999-1515                                                        
          Application No. 08/451,719                                                  



                         establishing a second communication link between             
                    said mobile terminal and a second base station;                   
                         evaluating at least one characteristic of said               
                    second communication link at said mobile terminal;                
                         in response to said evaluating step, said mobile             
                    terminal initiating the establishment of a second                 
                    two-way call, which is a duplicate of said first                  
                    two-way call, over said second communication link                 
                    while said first two-way call exists; and                         
                         performing a hand-off by simultaneously                      
                    switching said two-way signals from said first                    
                    communication link to said second communication link              
                    under control of said mobile terminal.                            
               The Examiner relies on the following prior art:                        
          Goeken et al. (Goeken ‘766)   4,419,766                Dec. 06,             
                                                                 1983                 
          Goeken (Goeken ‘303)          5,249,303                Sep. 28,             
                                                                 1993                 
                                                  (filed Apr. 23, 1991)               
          Patsiokas et al. (Patsiokas)       5,392,331                Feb.            
                                                                      21,             
                                                                      1995            
                                        (effectively filed Aug. 25,                   
          1992)                                                                       
               Claims 18-27 and 30-44 stand finally rejected under                    
          35 U.S.C. § 103 as being unpatentable over Goeken ‘766 in view              
          of Goeken ‘303 and Patsiokas.                                               
               Rather than reiterate the arguments of Appellants and the              



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