Ex Parte RAITH et al - Page 7




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

                     The examiner responds, in relation to the “7.5 minutes of measurement time,”                       
              that claim 12 does not require immediate entry into a low power mode, nor any                             
              particular time limit for entering the mode.  (Answer at 6.)                                              
                     Brickell teaches that the user terminal may send its position automatically, with                  
              no further user intervention after sending the “help” signal.  After calculating and                      
              sending its position, the user terminal may continue to refine its position.  Alternatively,              
              the user terminal may wait for receipt of an “activate homing beacon” signal.  Col. 5, ll.                
              19-27.  To conserve battery power, the user terminal would not broadcast a homing                         
              beacon until a search team is in the area.  Id. at ll. 53-58.                                             
                     Contrary to appellants’ position, we find that (1) the user terminal of Brickell                   
              enters a low power mode after sending the “help” message and (2) the user terminal is                     
              in a low power mode while waiting for activation of the homing beacon signal, in                          
              comparison to other modes of operation.  The express purpose of the Brickell invention                    
              is to conserve battery power after sending of the initial “help” message.  The user                       
              terminal enters a low power mode to reduce battery drain at least between the time of                     
              sending position information and activation of the homing beacon.  We agree with the                      
              examiner that claim 12 does not preclude other -- i.e., not necessarily low power --                      
              modes between the time of identification that an emergency call has been placed and                       
              entry to the low power mode.                                                                              
                     We agree with appellants to the extent that the low power, continuous wave                         
              homing beacon described by Brickell is not responsive to the identifying means, as                        
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