Appeal No. 2005-2584
Application No. 09/897,331
messages go from the location server to the base station, then from the base station to
the serving GPRS node and then to the mobile unit. Similarly, we do not find that the
combination of the references teach the reverse signal path, i.e. from the mobile unit to
the location server. Accordingly, we will not sustain the examiner’s rejection of claim 5
or claims 6 through 8, which ultimately depend upon claim 5.
We next consider the independent claim 9. On pages 20 and 21 of the brief
appellants present arguments similar to those presented regarding claim 1. Appellants
argue on page 20 of the brief, “claim 9 recites the support node as receiving uplink
location service messages from the mobile terminal (via the BSS) and forwarding the
uplink location service messages to the BSS. This routing of location services
messages from the mobile terminal to the support node, then to the BSS is not taught or
suggested anywhere in the art of record.”
We concur with appellants. Claim 9 contains limitations directed to a base
station receiving location messages from a location server, a support node receiving
location messages from a base station and forwarding them to the mobile station. As
stated supra we do not find that either of the references teaches location messages go
from the location server to the base station, then from the base station to the serving
GPRS node and then to the mobile unit. Accordingly, we will not sustain the examiner’s
rejection of claim 9 or claims 10 through 12, which ultimately depend upon claim 9.
We next consider independent claims 13 and 17. Appellants state, on pages 21
and 22 of the brief, that claims 13 and 17 relate to transmitting messages from a
location server and a location measuring unit. Appellants argue on page 21 of the brief
“[t]he routing of a location service message between the location server and the LMU in
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