Ex Parte MASSINGILL et al - Page 10




                 Appeal No. 2003-0506                                                                                 Page 10                     
                 Application No. 09/264,766                                                                                                       


                 suggested employing Ayerst's technique of channel identification in Dent's radio                                                 
                 communication system.                                                                                                            


                                     C. RESPONSIVENESS OF BROADCAST ON SECOND CHANNEL                                                             
                         The examiner finds that in Dent "[a] determination is made if the user terminal is                                       
                 disadvantaged, and responsive to determining that the user terminal is disadvantaged,                                            
                 the message is then broadcast from the base station to the user terminal on a second                                             
                 forward-only radiotelephone channel.  See . . . col. 2, lines 15-39, and col. 3, lines 41-                                       
                 59."  (Final Rejection at 2.)  The appellants argue that in Ayerst "[t]he long message is                                        
                 not transmitted on the second channel in response to a determination that the user                                               
                 terminal is disadvantaged. . . ."  (Appeal Br. at 9.)                                                                            


                                                           1. Claim Construction                                                                  
                         Claim 1 recites in pertinent part the following limitations: "responsive to                                              
                 determining that the user terminal is disadvantaged, broadcasting the message from                                               
                 the base station to the user terminal on a second forward-only radiotelephone channel,                                           
                 wherein the second forward-only radiotelephone channel is identified with the indication                                         
                 of a pending message via the first forward-only radiotelephone channel."  Giving the                                             
                 representative claim its broadest, reasonable construction, the limitations require                                              
                 broadcasting on a second channel if a user terminal is disadvantaged.                                                            








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