Ex Parte RAITH et al - Page 3




              Appeal No. 2002-2179                                                                                      
              Application No. 08/839,861                                                                                

                     Claim 10 stands rejected under 35 U.S.C. § 102 as being anticipated by                             
              Johnson.                                                                                                  
                     Claim 12 stands rejected under 35 U.S.C. § 102 as being anticipated by Brickell.                   
                     Claim 5 stands rejected under 35 U.S.C. § 103 as being unpatentable over                           
              Ishikawa or Cox.                                                                                          
                     Claim 13 stands rejected under 35 U.S.C. § 103 as being unpatentable over                          
              Brickell and Uola.                                                                                        
                     Claims 1-4 and 7-9 stand allowed.  A rejection against claim 11 was withdrawn                      
              subsequent to the final rejection.  Claim 11 stands objected to as depending from a                       
              rejected claim.                                                                                           
                     We refer to the Final Rejection (Paper No. 18) and the Examiner’s Answer                           
              (Paper No. 25) for a statement of the examiner’s position and to the Brief (Paper No.                     
              24) and the Reply Brief (Paper No. 31) for appellants’ position with respect to the claims                
              which stand rejected.                                                                                     


                                                       OPINION                                                          
                     Claim 10                                                                                           
                     The examiner contends that Johnson anticipates instant claim 10 because the                        
              reference discloses, inter alia, a radiocommunication system transmitting, associated                     
              with an emergency call, an indication to a mobile unit to transmit with “continuous                       
              transmission.”  The central station grants a communication channel to any subscriber                      
                                                          -3-                                                           





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