Ex Parte BYRNE - Page 8




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


          communicates with both systems using a cellular transceiver.                
          Schellinger also discloses that such a radio telephone must be              
          able to automatically determine which system it is to operate in            
          [page 3, lines 3-8].  Gillig also teaches the desirability of               
          operating a radio telephone in both a cordless telephone system             
          and a cellular telephone system.  The Gillig radio telephone,               
          however, uses a cordless telephone transceiver 110 and a cellular           
          telephone transceiver 120.  We agree with the examiner that it              
          would have been obvious to broadly replace the single transceiver           
          of Schellinger with two separate transceivers as taught by                  
          Gillig.  Even though Schellinger may use a single transceiver to            
          reduce the cost of the device, cost savings do not represent a              
          technological teaching away from the claimed invention.  To the             
          contrary, the applied prior art clearly suggests the use of two             
          different transceivers when communicating over cordless telephone           
          systems and cellular telephone systems.                                     
          Although appellant argues that Schellinger and Gillig do                    
          not teach the automatic monitoring and selection as claimed, we             
          do not agree.  In fact, we find that each of the applied                    
          references teaches the claimed monitoring and automatic selection           
          and re-selection of the appropriate telephone system [see for               
          example, Schellinger, page 9, lines 16-24 and Gillig, Figure 8].            

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