Appeal No. 2001-1563
Application No. 09/151,580
communicating in the second system for a second predetermined
time period equates to Raith's "PASSIVE TIMER, IS-136 SLEEP MODE,
VOICE PAGE, IS-136 ACTIVE MODE, END, IS-136 SLEEP MODE," and we
disagree.
Raith discloses (column 12, lines 30-36) that
[w]hen the mobile station is in an IS-136 sleep mode
and a page is received that indicates a terminating D-
AMPS transaction, e.g., a voice call is being initiated
with that mobile, the mobile station is assigned a
traffic channel for the voice call as represented by
step 4. After completion of the voice call, the mobile
station returns to the IS-136 sleep mode as represented
by step 5.
Thus, Raith teaches communicating in the second system in
response to a call, not in response to a time period ending, and
ending communication in the second system at the end of the
particular call, not in response to a second time period ending.
Since Raith fails to disclose communicating in the second system
for a second predetermined time period, as recited as step (d) of
claim 1, Raith fails to anticipate claim 1. Accordingly, we
cannot sustain the anticipation rejection of claim 1 and its
dependents, claims 2, 3, and 6 through 9.
Regarding claim 16, appellants (Brief, page 9) reference
In re Donaldson, 16 F.3d 1189, 29 USPQ2d 1845 (Fed. Cir. 1994),
and argue that the examiner has failed to identify any structure
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