Appeal No. 1999-1551
Application No. 08/547,736
lines 20-23, of Krebs, wherein, in describing the prior art, Krebs indicates that “dispatch
communications allow for communications amongst a group of users, without a need to
individually identify each group member before initiating communication.” Thus, Krebs
suggests a general paging system from a single base unit to several handset, or
communication units, as broadly set forth in instant independent claims 1 and 14. The
question remains, however, as to whether the combination of Connolly and Krebs is proper
and whether such a combination, if proper, would result in the instant claimed subject
matter, within the meaning of 35 U.S.C. § 103.
Appellants argue that Connolly is concerned with a page request directed to a
single portable handset and that Krebs is directed to a combined system for providing
both telephone services and trunked dispatch services which are independent of one
another. Therefore, any page message in Krebs capable of identifying more than one
communication unit would be generated via the trunked dispatch system, not through the
independent telephone service system, and this seems to us to be an accurate
assessment of Krebs.
Thus, appellants conclude [principal brief-page 8], any combination of Connolly and
Krebs would merely result in a replacement of the cellular telephone system portion of
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