Ex parte BROWNLEE et al. - Page 18




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




                     We have reviewed the cited portion of Barnes.  We agree with appellants that that                    
              section appears to refer to subaudio band signalling.  Since it is unclear how this section                 
              has any relevance to the instant claimed subject matter, and the examiner has not                           
              responded to appellants’ argument in the answer, we will not sustain the rejection of claim                 
              10 under 35 U.S.C. § 103.                                                                                   


                     Claims 17-19 are similar to claims 11-13 in their recitation of different types of                   
              digital cordless radio telephone systems.  For the reasons, supra, with regard to claims                    
              11-13, we will sustain the rejection of claims 17-19 under 35 U.S.C. § 103.                                 


                     Finally, we turn to the rejection of independent claim 21 under 35 U.S.C. § 103.                     


                     Appellants argue that it is not seen where the combination of references “either                     
              expressly discloses or suggests that a total number of user handsets that respond to a                      
              broadcast message that includes information for specifying a user handset alerting                          
              command, in a ‘digital cordless radio telephone system,’ is not constrained by a value of                   
              N, where N is a number of slots of the digital radio link” [principal brief-page 13].                       




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