Ex Parte Koo et al - Page 2



          Appeal No. 2004-1613                                                         
          Application No. 09/686,024                                                   
               Representative independent claim 1 is reproduced as follows:            
               1.   A method for controlling communication services, said              
          communication services including a base station transmitting                 
          messages to, and receiving messages from, at least one mobile                
          station, the method comprising by steps of:                                  
                    transmitting from the base station to the at least one             
               mobile station a message identifying which mobile stations              
               are restricted to using a constrained protocol representing             
               something less than the most recent revision, the                       
               constrained protocol being an earlier protocol revision or a            
               subset of the most recent protocol revision; and                        
                    providing communication services to the one or more                
               mobile stations identified in the message subject to the                
               constrained protocol.                                                   
               The Examiner relies on the following prior art references:              
                         U.S. Patent Application Publication                           
          Criss et al. (Criss)     2001/0029178 A1           Oct. 11, 2001             
                                                   (filed Aug. 7, 1996)                
                                     U.S. Patent                                       
               Müller              6,438,375                 Aug. 20, 2002             
                                                   (filed Mar. 4, 1999)                
               Claims 1, 3, 7, 9 and 10 stand rejected under 35 U.S.C.                 
          § 103(a) as being unpatentable over Müller and Criss.                        
               We make reference to the answer (Paper No. 12, mailed                   
          February 27, 2004) for the Examiner’s complete reasoning in                  
          support of the rejection, and to the brief2 (Paper No. 11, filed             
          January 8, 2004) for Appellants’ arguments thereagainst.                     

               2  The unnumbered pages of the brief are numbered 1-11 for accurate     
          reference to Appellants’ arguments.                                          
                                          2                                            




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