Ex Parte BYRNE - Page 11




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


          [answer, pages 16-17].  Appellant responds that the teaching                
          relied on by the examiner does not necessarily relate to the                
          velocity of the user [reply brief, page 2].                                 
          We will sustain the examiner’s rejection of claim 8.                        
          Ramsdale teaches that the velocity of a mobile telephone can be a           
          factor in the quality of the signal in a communication system.              
          Therefore, we find that it would have been obvious to the artisan           
          to broadly select between communication systems based on velocity           
          as recited in claim 8.                                                      
          We now consider the rejection of claim 12 based on the                      
          teachings of Schellinger, Gillig and Alvesalo.  The examiner                
          cites Alvesalo as teaching that GSM was a known cellular radio              
          telephone system and that DECT was a known cordless radio                   
          telephone system [answer, pages 6-7].  Appellant argues that                
          Alvesalo does not disclose or suggest the features of claim 12              
          [brief, pages 9-10].  The examiner responds that it would have              
          been obvious for the cellular and cordless telephone systems of             
          Schellinger to be a GSM and a DECT system as taught by Alvesalo             
          so that the system could be used in Europe [answer, pages 17-18].           






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