Ex Parte WANG - Page 3




          Appeal No. 2002-1617                                                        
          Application No. 08/752,020                                                  


               The examiner relies on the following references:                       
          Chennakeshu et al. (Chennakeshu)    5,822,310      Oct. 13, 1998            
          (filed Dec. 27, 1995)                                                       
          Macario, “CELLULAR RADIO Principles and Design”, The MacMillan              
          Press LTD, Published 1993, pp. 162-163.                                     
               Claims 1, 3-6, 10, 11, 13, 14, 16-19, 23 and 25-28 stand               
          rejected under 35 U.S.C. 103.  As evidence of obviousness, the              
          examiner offers Chennakeshu with regard to claims 1, 5, 6, 10,              
          14, 18, 19, 23, 27 and 28, adding Macario with regard to claims             
          3, 4, 11, 13, 16, 17, 25 and 26.                                            
               Reference is made to the brief and answer for the respective           
          positions of appellant and the examiner.                                    


                                       OPINION                                        


               Turning first to the rejection of claims 1, 5, 6, 10, 14,              
          18, 19, 23, 27 and 28, the examiner contends that Chennakeshu               
          teaches everything but the specific disclosure “that the                    
          communication of access requests from the plurality of                      
          radiotelephone...on the RACH carrier frequency band is                      
          constrained to occur during the first RACH message time window              
          and communicating short message acknowledgments during second               
          RACH message time window” [answer-pages 3-4].  However, the                 

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