Ex Parte Rek - Page 5



           Appeal No. 2005-1637                                                                      
           Application No. 09/749,713                                                                

           communication system 100 can include any two modes or services” as                        
           supporting the Examiner’s assertion that information exchange in                          
           Bell between the handset 110 and both the cellular network 130 and                        
           cordless base station 150 utilizes a TDMA scheme, we do not find                          
           this persuasive.                                                                          
                 In our view, the immediately preceding sentence at column 2,                        
           lines 38-41 of Bell makes it abundantly clear which transmission                          
           schemes can be used for each of the cellular and cordless modes.                          
           According to Bell, the “PCS/Cellular systems may be AMPS, GSM,                            
           TDMA, or CDMA,” while the “cordless system may be DECT, FM, spread                        
           spectrum, or the Bluetooth telephony profile.”  Given this express                        
           prescription as to which transmission schemes can be used for each                        
           of the cellular and cordless modes, we find that Bell’s disclosure                        
           that “any two modes or services” can be used can only be reasonably                       
           interpreted as meaning that any one of the schemes contemplated for                       
           each mode can be selected to constitute the two transmission modes                        
           for the dual mode handset.  In other words, while any two                                 
           transmission schemes can be selected, the TDMA scheme is disclosed                        
           as being limited to an association with the cellular transmission                         
           mode.                                                                                     
                 Lending further support to this interpretation of Bell is the                       
           description in Bell of event-driven handover of communication                             
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