Ex Parte CHIN et al - Page 9




          Appeal No. 2002-1043                                                        
          Application 08/784,860                                                      


          station then may use a test pattern in a polling process such               
          that the upgraded RF terminals can determine the feasibility of             
          using the higher data rate.  The RF terminals of fixed data rate            
          will respond as usual.  See column 3, lines 1 through 14 of                 
          Mahany.                                                                     
               Figures 7a and 7b illustrate an implementation of the                  
          embodiment of Figure 6 where the receiver of each mobile unit may           
          transmit at a standard rate or at a higher rate for increase                
          system throughput.  See column 3, lines 60 through 67 of Mahany.            
          The exemplary operation of the system according to Figures 6, 7a            
          and 7b are detailed in columns 9 and 10 of Mahany.  Mahany                  
          teaches that receiver 82a would not need to be switchable but               
          could be fixed to receive a standard data rate, e.g. 4800 baud.             
          We note that receiver 82a is in the mobile terminal unit 80 shown           
          in Figure 6.  See column 9, lines 65 through 67.  Mahany further            
          teaches that mobile unit 80 would receive a poll during time                
          interval 131 and be ready to transmit messages at a higher rate             
          e.g. 9600 baud.  See column 10, lines 1 through 3.  Thus, we find           
          that Mahany does not teach a mobile unit which is able to receive           
          at a higher rate.  We find that Mahany teaches that mobile unit             
          80 is able to transmit at two different data rates and only                 
          receive at one data rate.  Thus, the Mahany control message is to           

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