Ex Parte RAMESH - Page 5




           Appeal No. 2001-2017                                                                       
           Application No. 09/098,049                                                                 


           position measurements by a mobile device.                                                  


                 Initially, we note that since the examiner employs Wortham                           
           exclusively for the teaching of using a control channel for                                
           conveying data, and appellant now admits that it is known to                               
           transmit control data via a control channel, the use of Wortham                            
           in the rejection is superfluous and we should concentrate on the                           
           issue of whether Schuchman suggests using a broadcast channel to                           
           provide positioning data or whether it would have been obvious to                          
           provide a broadcast channel in Schuchman to do so.                                         
                 From our review of Schuchman, it does appear that the                                
           reference discloses a “first receiver” in cellular radiotelephone                          
           unit 21 and a “second receiver” in GPS receiver 20 for receiving                           
           positioning information from a satellite.  In accordance with                              
           column 7, line 24, of Schuchman, GPS receiver 20 uses data                                 
           obtained from controller 22 to, inter alia, “calculate the                                 
           position of the receiver” and acquire the positioning satellite.                           
                 However, it is not clear, from Schuchman’s disclosure,                               
           whether Schuchman employs a broadcast channel to provide                                   
           positioning data to the second receiver 20 by a positioning                                
           satellite or whether the first receiver 21 receives a broadcast                            
           on a broadcast control channel.  Schuchman’s abstract states that                          

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