Appeal No. 2000-0326 Page 9
Application No. 08/644,465
comparing a signal received from a remote station with a
threshold as aforementioned. We will not “resort to
speculation,” In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173,
178 (CCPA 1967), as to where the claimed limitations might be
found in Tarallo.
Because there is no showing that Tarallo determines a
phase shift by measuring a time between base station's
transmission of a signal and the base station’s reception of a
corresponding signal from a remote unit and compares the
determined phase shift to a threshold, we are not persuaded
that the reference discloses the limitations of "measuring a
time, between a base station's transmitted signal and a
corresponding received signal transmitted from a remote unit
to produce a measured phase shift; comparing the phase shift
to a threshold to produce a comparison. . . .” Therefore, we
reverse the rejection of claim 7.
Turning to the obviousness rejection of claims 1-6 and 8-
16, the next inquiry is whether the subject matter is obvious.
“In rejecting claims under 35 U.S.C. Section 103, the examiner
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