Appeal No. 2001-1563
Application No. 09/151,580
is still in the CDPD passive (sleep) mode, and a voice page is
received, the mobile station communicates in the AMPS mode until
the voice call is completed. Then the mobile station returns to
the IS-136 sleep mode. Thus, the mobile station communicates in
the second communication system while in the sleep mode for the
first communication system. When a page message is received
indicating a packet data transaction is being initiated, the
mobile station enters the active mode for the first communication
system again. Therefore, the incoming packet data constitutes
means for exiting the sleep mode and resuming communication in
the first communication system. Accordingly, Raith anticipates
claim 16.1
For claim 10, the examiner combines Melanchuk with Raith.
However, since Melanchuk fails to cure the deficiencies of Raith
with regard to independent claim 1, the combination fails to
render obvious dependent claim 10. Consequently, we cannot
sustain the obviousness rejection of claim 10.
1 We note that claim 16 differs from claim 1 in that it does not
require that communication in the second system be for any particular length
of time, just that it be while (i.e., sometime during the period that) the
mobile station is in the sleep mode for the first communication system.
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