Appeal No. 2003-0495 Page 7
Application No. 09/256,543
ll. 10-12. During frequency hopping, a "set of 50 random channels is used . . . by the
base unit 10 and one or more associated handset units. . . ." Col. 4, ll. 63-65. For its
part, the passage of the reference cited by the examiner teaches selecting a subset of
the 50 channels wherein the subset includes more than one channel. Specifically, "in
this subroutine, the RSSI values of . . . five hopping channels are obtained by having
the process visit only five of the 50 hopping channels. . . ." Col. 28, ll. 14-16. Because
the process visits the subset of channels in a mere 1.5 milliseconds, id. at l. 17,
moreover, we agree with the examiner that "[t]o the user, the determination is done
substantially simultaneously as the user experiences no delay in operation."
(Examiner's Answer at 8.) Therefore, we affirm the rejection of claim 1 and of claims 2-
7, which fall therewith.
B. CLAIMS 8-20
The examiner asserts, "Ciccone inherently teaches a filter capable of allowing a
subset of the plurality of channels to pass through the filter, wherein the subset includes
more than one channel [fig. 2: ref. 20]." (Examiner's Answer at 9.) The appellants
argue, "as Ciccone discloses examining each one of the subset of 50 channels, Ciccone
inherently discloses a filter capable of allowing only one of the 50 channels to pass
through the filter at one time. . . ." (Appeal Br., § VIII.)
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