Ex Parte METTERNICH et al - Page 10




              Appeal No. 2003-0494                                                                                       
              Application No. 09/176,012                                                                                 


              command that is transmitted to the base station (see column 4, lines 2-9).  Thus, Honda                    
              teaches limitation c) of claim 15 that the base station can communicate with a mobile                      
              phone.  In another mode, MT1 can operate as a data entry device in which the user                          
              inputs abbreviated commands and corresponding ID numbers to be transferred and                             
              stored in the base station (see Column 4, lines 11 to 29).  Thus, Honda teaches                            
              limitation a) of claim 15 that data processor system is used to prepare a query profile.                   
              Accordingly we sustain the examiner’s rejection of claims 15 and 20 under 35 U.S.C. §                      
              102 as being unpatentable over Honda.                                                                      
                                                       Group B                                                           
                     We next consider the rejection of claim 16, Group B, under 35 U.S.C. § 102 as                       
              being unpatentable over Honda.  Appellants state on page 14 of the brief that claim 16                     
              adds the limitation of information being transmitted by a link.  Appellants further state                  
              that though Honda teaches sending data over a data link, the data is not a query profile                   
              and is not sent by a separate data processing system.  As stated supra we find that                        
              Honda teaches the query profile and data processing system limitations of claim 15.                        
              Since appellants have not argued a limitation added by dependent claim 16, we sustain                      
              the rejection of clam 16 for the same reasons applied supra to claim 15.                                   


                                                           Group C                                                       
                     We next consider the rejection of claims 17 through 19, Group C, under           35                 
              U.S.C. § 103 as being unpatentable over Honda in view of well known prior art.                             

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