Appeal No. 2000-2254
Application No. 08/746,746
would have been obvious to the artisan to use the predetermined
criteria of D’Amico in the Schellinger radio telephone.
With respect to claim 13, appellant argues that neither
Schellinger nor D’Amico discloses or suggests a radio telephone
system in which user information is exchanged between the two
radio telephone systems [brief, pages 10-11]. The examiner
responds that the user information signals are the voice
communications between the two radio telephone systems [answer,
pages 18-19]. Appellant responds that the voice communications
cannot meet the claimed user information signals [reply brief,
pages 2-3].
We will not sustain the examiner’s rejection of
independent claim 13 or of claims 14-23 which depend therefrom.
We agree with appellant that the voice communications disclosed
by D’Amico do not suggest the claimed user information. The user
information of claim 13 is exchanged between the two radio
telephone systems. We do not agree with the examiner that the
voice communications of Schellinger are exchanged between the two
systems. Although the mobile receiver exchanges information with
each of the two systems, there is no teaching that user
information from one system is exchanged with the other system.
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