Appeal No. 2000-1546
Application 08/588,149
as disclosing structure which is capable of performing the
recited functional limitations. RCA Corp. v. Applied Digital
Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.
Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and
Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ
303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
The examiner indicates how he finds anticipation of claim
16 in the disclosure of Imamura [answer, pages 4-5]. Appellants
argue that in Imamura, the mobile station makes no estimation at
all, based on received power or anything else, as to what the
power level of its first transmission should be [brief, 5th
page]. The examiner responds that appellants’ argument is not
commensurate in scope with the claimed invention. The examiner
finds that the recitation “signal power received from said second
transceiver” in claim 16 reads on the minimum transmission power
information that the mobile station in Imamura receives from the
base station. Appellants respond that Imamura teaches
determining the power with which the access probe is to be
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