Ex Parte Carlsson et al - Page 5




              Appeal No. 2005-2584                                                                                     
              Application No. 09/897,331                                                                               
              connection provided from the HLR to MSC/VLR to BSC, see FIG. 2) and then forwarded                       
              to the serving GPRS support node from the base station subsystem (e.g., via the only                     
              connection from BSC to SGSN, see FIG. 2) (e.g. see col. 4, line 6-col. 5 line 10).”                      
                     We disagree with the examiner’s rationale.  Initially we note that appellants’                    
              argument that Haeggstrom does not teaching the claimed location server are not                           
              convincing.  The examiner asserts that Aarnio teaches the location server, and it                        
              appears that Aarnio’s location server meets the definition of a location server asserted                 
              by appellants on pages 9 through 15 of the brief.  Nonetheless, we concur with the                       
              appellants’ argument that claim 1 inherently imposes a specific order and that the                       
              combination of the references does not teach the steps in the order.  Specifically, we                   
              find that claim 1 requires a location service message be transmitted from a location                     
              server to a base station, from the base station to a serving GPRS support node and                       
              from the GPRS support node to the mobile station.  We find, as appellants admit, that                    
              Aarnio teaches that the transmission to from the location server to the base station and                 
              the base station to the mobile station.  We concur with the appellants and examiner,                     
              that Aarnio does not teach that the transmission is forwarded from the base station to                   
              the serving GPRS, which then forwarded to the mobile station (appellants’ specification                  
              identifies that this is forwarded from the GPRS to the mobile station through the Base                   
              station see figure 1).  Contrary, to the examiner’s assertions, we do not find that                      
              Haeggstrom teaches a message must first be forwarded to the base station subsystem                       
              from the location server and then forwarded to the serving GPRS support node from the                    
              base station subsystem before being forwarded to the mobile station.   The examiner                      
              considers Haeggstrom’s Home Location Registry (HLR) to be a location server.                             
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