Ex Parte BYRNE - Page 2




          Appeal No. 2000-2254                                                        
          Application No. 08/746,746                                                  


          signals of the two telephone systems and selects which of the two           
          radio telephone systems will be used.                                       
          Representative claim 1 is reproduced as follows:                            
               1.   A radio telephone operable in more than one radio                 
          telephone system, the radio telephone comprising communication              
          mans respectively associated with each of the radio telephone               
          systems, monitoring means for monitoring signals of the radio               
          telephone systems, and selection means responsive to said                   
          monitoring means for automatically selecting and re-selecting               
          respective said communication means in accordance with the                  
          signals of one of the radio telephone systems fulfilling at least           
          one predetermined criterion and, wherein a first one of the                 
          communication means includes at least one non-cellular system               
          transceiver and the selection means can automatically select and            
          re-select between the first communication means having the non-             
          cellular system transceiver and a second one of the communication           
          means which includes a cellular transceiver.                                
          The examiner relies on the following references:                            
          D’Amico et al. (D’Amico)      5,159,593          Oct. 27, 1992              
          Ramsdale et al. (Ramsdale)    5,278,991          Jan. 11, 1994              
          Alvesalo                      5,384,824          Jan. 24, 1995              
          Gillig et al. (Gillig)        5,463,674          Oct. 31, 1995              
          Schellinger et al.          WO 93/16560          Aug. 19, 1993              
          (Schellinger)                                                               
          The following rejections are on appeal before us:                           
          1. Claims 1-6, 9, 11 and 47 stand rejected under 35                         
          U.S.C. § 103(a) as being unpatentable over the teachings of                 
          Schellinger in view of Gillig.                                              





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