Appeal No. 2003-0705
Application No. 09/144,024
communication device can receive only the high power signals, and cannot
communicate with the first radio-communication device along a return low-power
channel.”
Each of the instant claims on appeal contains a recitation of each of these
modes of operations. The meaning of these terms must be ascertained from reference
to the specification. When reference to the specification is made, a very specific
definition is provided for each of these terms.
The examiner attempts to equate Helferich’s disclosure of notifying a user of a
pager that a message is received and that the user can decide to review the entire
message at a later time, to a “disadvantaged” mode. The examiner also alleges that
“any two-way mobile device inherently operates in an advantage mode (two-way
mode) in a normal condition, and inherently operates in a disadvantage mode when
the device is located in an obstructed area” (answer-page 8). It is the examiner’s view
that a device is in a “disadvantaged” mode when a user is in a subway, basement, or an
airplane, or anywhere where a location prevents a signal from reaching the device, or,
“where the mobile device can not response (sic, respond) to a base station or a satellite
because of low power transmission of the mobile device and because of signal
obstructions” (answer-page 9).
We have a definition of the terms “disadvantaged” and “advantaged” and that
definition is set forth by appellants within the specification. Thus, we, and the examiner,
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