Ex Parte LIETSALMI et al - Page 5




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

              Therefore, it is clear that Siwiak does not  teach the transmission of a point-to-multipoint                
              message, but rather multiple transmissions via a plurality of point-to-point messages                       
              within a group of addresses.                                                                                
                     Appellants argue that a "group call" as taught by Comroe is also disclosed by                        
              Siwiak, but that this is not a point-to-multipoint  or broadcast operation as described    at               
              page 2, ll 23-32, page 4, l 18 to page 5, l 4 and page 11, ll 14-32.  (See brief at   page                  
              9.)  We agree with appellants that the "group call" of Comroe and Siwiak is not the                         
              same as that disclosed at those portions of the specification, but we note that the                         
              language of independent claim 1 does not recite the detail as set forth in the                              
              specification.  Appellants argue that the invention is an improved point-to-multipoint                      
              message having a manual acknowledgment request and a method for enabling a                                  
              mobile station to selectively respond  to the receipt of  the point-to-multipoint message.                  
              (See brief at page 9.)  We find  that the language of independent claim 1 does not                          
              include limitations of a manual acknowledgment request and a enabling a mobile                              
              station to selectively respond  to the receipt of  the point-to-multipoint message.                         
                     While appellants admit at page 9 of the brief that a point-to-multipoint  was                        
              known prior to their invention, the examiner has not relied upon this admission and                         
              relies on the teachings of Comroe and Siwiak to teach the use of a point-to-multipoint                      
              transmission.                                                                                               




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