Ex Parte WANG - Page 6




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


          short message acknowledgments are communicated over “the,” i.e.,            
          the same, RACH carrier frequency band.  Thus, the claims require            
          a single RACH frequency band and the examiner has not shown where           
          Chennakeshu suggests the communication of access requests and               
          short message acknowledgments over the “same,” or single, random            
          access channel carrier (RACH) frequency band.                               
               Since all of the rejected independent claims contain similar           
          language regarding constraining access requests and short message           
          acknowledgments to respective time windows on a random access               
          channel carrier (RACH) and the use of a single frequency band, we           
          will not sustain the rejection of any of the claims under                   
          35 U.S.C. 103, noting, with regard to dependent claims 3, 4, 11,            
          13, 16, 17, 25 and 26, that the addition of Macario does not                
          remedy the deficiencies of Chennakeshu.                                     














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