Ex Parte BYRNE - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication and is not                       
               binding precedent of the Board.                                        
                                                       Paper No. 26                   

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                  ________________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                  ________________                                    
                               Ex parte JOHN D. BYRNE                                 
                                  ________________                                    
                                Appeal No. 2000-2254                                  
                               Application 08/746,746                                 
                                  ________________                                    
                                      ON BRIEF                                        
                                  ________________                                    
          Before JERRY SMITH, BARRY and LEVY, Administrative Patent Judges.           
          JERRY SMITH, Administrative Patent Judge.                                   


                                 DECISION ON APPEAL                                   

          This is a decision on the appeal under 35 U.S.C. § 134                      
          from the examiner’s rejection of claims 1-29, 31-40 and 42-47,              
          which constitute all the claims remaining in the application.               
          The disclosed invention pertains to a radio telephone                       
          which is operable in more than one radio telephone system, such             
          as a cordless telephone system and a cellular telephone system.             
          The radio telephone of the invention automatically monitors                 

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