Appeal No. 2002-1043
Application 08/784,860
specify either using a first data rate or a second data rate for
transmission but not to specify a first data rate and a second
data rate for reception. Therefore, we fail to find any
suggestion or teaching of modifying Serizawa to provide a control
message specifying said second data rate for receiving messages
at the mobile terminal as required by Appellants’ claims.
Therefore, we will not sustain the Examiner’s rejection of claims
1, 2, 5 and 6 under 35 U.S.C. § 103 as being unpatentable over
Serizawa and Mahany.
Claims 3, 4 and 7 through 11 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Serizawa, Mahany and Sigler. We
note that the Examiner has relied on the above combination of
Serizawa and Mahany to meet the above claimed limitations for
this rejection as well. Therefore, we will not sustain this
rejection for the same reasons as stated above.
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