Ex Parte LIETSALMI et al - Page 3




              Appeal No. 2000-0611                                                                                        
              Application No. 08/708,179                                                                                  

                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              appellants regarding the above-noted rejections, we make reference to the examiner's                        
              answer (Paper No. 14, mailed Oct. 14, 1998)1 for the examiner's reasoning in support of                     
              the rejections, and to appellants' brief (Paper No. 13, filed Aug. 31,1998) and reply brief                 
              (Paper No. 15, filed Dec. 14, 1998) for appellants' arguments thereagainst.                                 
                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              appellants' specification and claims, to the applied prior art references, and to the                       
              respective positions articulated by appellants and the examiner.  As a consequence of                       
              our review, we make the determinations which follow.                                                        
                     Appellants argue that  the combination of Comroe and Siwiak does not teach or                        
              suggest transmitting a point-to-multipoint message, receiving the point-to-multipoint                       
              message at the plurality of mobile stations and  transmitting an acknowledgment to the                      
              BMI using a point-to-point message as recited in the language of claim 1.  (See brief at                    
              page 7.)  We agree with appellants.                                                                         
                     The examiner maintains that  Siwiak teaches the  use of a broadcast message                          
              from a central station to  a group of acknowledge back pagers and nonacknowledge                            
              back pagers.  (See answer at page 8.)  The examiner maintains that  a point-to-                             

                     1  We note that the examiner included another Examiner's Answer after the reply                      
              brief which appears to be the same as the original Answer.  Therefore, we will refer to                     
              the original since a supplemental answer is not allowed as a matter of right by the                         
              examiner.                                                                                                   
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