Ex Parte GRAYSON - Page 2



          Appeal No. 2003-0289                                                        
          Application No. 09/234,702                                 Page 2           

          path attenuation.  An understanding of the invention can be                 
          derived from a reading of exemplary claim 1, which is reproduced            
          as follows:                                                                 
               1. A satellite communications system wherein a user terminal           
          may be in radio contact with at least one earth station through             
          at least one radio path to at least two satellites and wherein              
          another satellite may potentially be included among said at least           
          two satellites, said system being characterized by said user                
          terminal being operable to assess which of said at least two                
          satellites presents the highest radio path attenuation to said              
          user terminal and to interrupt the radio path between said user             
          terminal and that one of said at least two satellites which                 
          presents the highest path attenuation for said user terminal to             
          assess information related to synchronization and information               
          related to the signal quality of said another satellite.                    
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Chennakeshu et al. (Chennakeshu)    5,661,724     Aug. 26, 1997             
          Sherman et al. (Sherman)            6,091,933     Jul. 18, 2000             
                                        (filed Jan. 3, 1997)                          
          Diekelman                           6,104,911     Aug. 15, 2000             
                                        (filed Nov. 14, 1997)                         
               Claims 1-4 and 8-11 stand rejected under 35 U.S.C. § 103(a)            
          as being unpatentable over Chennakeshu in view of Sherman.                  
               Claims 5-7 and 12-14 stand rejected under 35 U.S.C. § 103(a)           
          as being unpatentable over Chennakeshu in view of Sherman and               
          Diekelman.                                                                  
               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and appellant regarding the above-noted rejections,            





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