Ex parte BROWNLEE et al. - Page 17




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


              claims are patentable at least for the reason that they depend from claim 14 or that “it is                 
              not seen where the examiner’s proposed combination of prior art either expressly teaches                    
              or suggests this subject matter for a handset for a digital cordless radio telephone system.”               
              These are not considered “arguments” as to the specific merits of the dependent claims                      
              but, rather, a wordy statement tantamount to appellants’ letting the dependent claims stand                 
              or fall with the independent claim from which they depend.  Accordingly, in view of                         
              appellants’ lack of substantive argument regarding claims 15 and 16, the rejection of these                 
              claims under 35 U.S.C. § 103 is sustained as the claims will fall with independent claim 14.                


                     Claim 10 recites that a data link control link between the base station and the at                   
              least one handset is unnecessary for the base station communication means to transmit                       
              the page request signal.  The examiner contends [Paper No. 4-page 6] that Barnes                            
              discloses a base station in which a data link control link between the base station and the                 
              handset is unnecessary for the base station to transmit the signal analogous to an {LCE-                    
              PAGE-REQUEST}, citing Figure 5 and column 2, lines 24-31 of Barnes.  Appellants argue                       
              [principal brief-page 14] that the cited portion of Barnes does not describe a mechanism                    
              analogous to an {LCE-PAGE-REQUEST} and, in fact, refers to the use of subaudio band                         
              signalling.                                                                                                 




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