Ex Parte NOGUERA-RODRIGUEZ et al - Page 6




          Appeal No. 2002-2292                                                        
          Application No. 09/139,749                                                  


               Appellants attack the examiner’s assertion that Muszynski              
          discloses the step of transferring destination address and                  
          binding information from a first radio network controller to a              
          second radio network controller because it discloses initiating             
          and terminating inter-MSC soft handoff with signal diversity                
          between MSC 14 and MSC 12.  More specifically, appellants take              
          issue with the examiner’s reference to column 9, lines 25-column            
          10, line 30, because this portion does not disclose transferring            
          destination address and binding information from a first radio              
          network controller to a second radio network controller, but,               
          rather, discloses only the transferring of information required             
          to establish an inter-MSC connection between the mobile station             
          30 and the base station 22 via MSCs 14 and 12.                              
               Appellants also attack the examiner’s assertion that the               
          first MSC releases its control over communication with the mobile           
          station once the second MSC sets up the diversity combining.  In            
          particular, appellants point to column 10, lines 22-24, of                  
          Muszynski, wherein it is stated, “[i]t should be understood that            
          MSC 14 is still in charge of all control and signalling functions           
          related to the communications with MS 30.”                                  
               The examiner’s response is to state that the instant claims            
          do not require transferring control of the signaling functions.             

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