Appeal No. 1999-1516
Application 08/263,835
OPINION
We reverse all rejections of the claims on appeal.
Turning first to the rejection of claim 16, we conclude that the wherein clause noted
above in our reproduction of claim 16 earlier in this opinion cannot be met by the proposed
combination of Rouffet and Grant even if they are properly combinable within 35 U.S.C.
§103.
Grant encompasses the launching of a geostationary orbit first satellite and at least
one satellite into a non-geostationary orbit at a second altitude lower than the first altitude
by the showings of the GEO satellite and the LEO or lower earth satellites. As the
examiner’s statement of the rejection notes, Rouffet teaches only low earth orbit satellites,
LEO satellites, which may communicate among themselves in passing off or handing off
communications to earth stations or terminals on the earth. Rouffet does not disclose the
use of any satellites in a geostationary orbit.
On the other hand, while Rouffet provides communications between each of the
satellites shown in the figures in connection stations 12 and terminals 13, Grant only
communicates by means of the geosatellite to the ground station GS in Figure 1. The
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