Appeal No. 2002-1043
Application 08/784,860
teaching of the desirability of making the specific combination
that was made by Applicant” (quoting In re Dance, 160 F.3d 1339,
1343, 48 USPQ2d 1635, 1637 (Fed. Cir. 1998).
We note that there is no dispute that Serizawa fails to
teach Appellants’ claimed control message. See page 3 of the
Examiner’s answer. However, the Examiner does assert that Mahany
teaches receiving at a higher data rate. See page 7 and 8 of the
Examiner’s answer.
Upon our review of Mahany, we find that Mahany teaches that
a base station maintains RF communication with mobile units using
a polling protocol which may communicate at a higher or lower
data rates. The base station transmits a general polling message
at a lower data rate which includes a test pattern which allows
the mobile units to evaluate whether communication at a higher
data rate is possible. Based upon the determination, the mobile
units can select the appropriate rate to transmit data messages.
See Abstract of Mahany. Also see Mahaney, column 2, lines 35
through 57. Mahany also discloses a preferred example in which
existing systems utilize hand-held RF terminals of fixed data
rate. Also the system might include other RF terminals that have
been upgraded to be capable of transmitting at a higher data
rate. See column 2, lines 62 through 67 of Mahany. The base
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