Ex Parte BYRNE - Page 13




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


          signals during a period of nominal TDMA inactivity as asserted by           
          the examiner.  Note that D’Amico teaches monitoring time slots to           
          determine channel utilization [column 2, lines 18-20].  Such                
          monitoring of time slots would include monitoring the time slots            
          during a period of nominal TDMA inactivity as claimed.  Claims 7            
          and 10 merely broadly claim using these concepts in a combined              
          radio telephone system.  We agree with the examiner that the                
          broad recitation of these conventional features in the radio                
          telephone system of Schellinger and Gillig would have been                  
          obvious to the artisan.                                                     
          We now consider the rejection of claims 13-18, 20-22, 24-                   
          29, 32-34, 36-40 and 43-45 based on the teachings of Schellinger            
          and D’Amico.  The examiner has indicated how he finds the                   
          invention of these claims to be obvious over the collective                 
          teachings of Schellinger and D’Amico [answer, pages 8-11].  The             
          examiner cites Schellinger as teaching a radio telephone which              
          can communicate with either a cordless base station or a cellular           
          base station.  The examiner essentially finds that Schellinger              
          teaches the claimed invention except that Schellinger does not              
          show the user information signals including the criterion data in           
          the manner claimed.  The examiner cites D’Amico as teaching the             
          claimed user information signals.  The examiner finds that it               

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