Ex Parte BYRNE - Page 9




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


          Thus, we agree with the examiner that the dual mode systems of              
          Schellinger and Gillig monitor the signals within the telephone             
          systems and automatically switch systems when established                   
          predetermined criteria are met as recited in claim 1.                       
          With respect to claim 3, appellant argues that                              
          Schellinger does not teach a user indicated preference which is             
          based on signals from the radio telephone system to automatically           
          select one of the telephone systems [brief, pages 7-8].  The                
          examiner responds that Schellinger does teach a user indicated              
          preference for use in the automatic selection [answer, pages 14-            
          15].                                                                        
          We will sustain the examiner’s rejection of claim 3.  We                    
          agree with the examiner that Schellinger teaches this claimed               
          feature [see for example page 11, lines 8-11].  Thus, the                   
          incoming signals in Schellinger will result in the selection of             
          one of the telephone systems based on priorities established by             
          the user.                                                                   
          With respect to claim 5, appellant argues that                              
          Schellinger does not teach a selection criterion based on access            
          rights of the user [brief, page 8].  The examiner responds that             
          access rights are necessary before the user can access either of            
          the telephone systems [answer, page 15].                                    

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