Ex parte BROWNLEE et al. - Page 7




              Appeal No. 1999-1551                                                                                        
              Application No. 08/547,736                                                                                  


              Krebs with the PCS system of Connolly, still leaving the trunked dispatch system as an                      
              independent system.  Therefore, in appellants’ assessment, any capability to notify more                    
              than one communication unit at a time with a page request signal, if it exists at all, would                
              be limited to the trunked dispatch system portion of the hybrid system.  According to                       
              appellants, there is no suggestion to modify only the PCS system of Connolly so as to                       
              provide a setup or alerting messaging capability that would enable more than one handset                    
              to be contacted with a single message.                                                                      


                     We disagree with appellants’ argument since it presumes a bodily incorporation of                    
              the Connolly PCS system into the cellular telephone system portion of Krebs.                                
              35 U.S.C. § 103 does not require bodily incorporation of an element of one reference into                   
              another reference.  Only a clear suggestion for modifying a reference is required.  Further,                
              the instant rejection is not based on modifying Krebs by Connolly but, rather, it is based on               
              modifying the primary reference to Connolly by teachings of the secondary reference to                      
              Krebs.  That is, Connolly was cited as a reference disclosing the subject matter of                         
              independent claims 1 and 14 but for the paging signal specifying no single handset.                         
              Connolly does specify a single handset to which the paging signal is directed.  However,                    
              the examiner reasons that it would have been obvious to modify Connolly in order to                         
              provide a paging signal directed to no single handset because an artisan viewing the                        


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