Ex Parte Wiedeman et al - Page 5




                 Appeal No. 2006-1221                                                                                                                      
                 Application No. 09/846,995                                                                                                                

                    • GROUP I, claims 1, 10, and 19.                                                                                                       
                    • GROUP II, claims 2-6, 8-9, 11-15, 17, 18, 20-24, and 26-31.                                                                          
                                                    GROUP I, claims 1, 10, and 19                                                                          
                        We consider first the examiner’s rejection of claims 1, 10, and 19 that stand rejected                                             
                 under 35 U.S.C. § 103(a) as being unpatentable over the teachings of Maveddat in view of                                                  
                 Rydbeck.  Since Appellants’ arguments with respect to this rejection have treated these                                                   
                 claims as a single group which stand or fall together, we will consider independent claim 1 as                                            
                 the representative claim for this rejection.                                                                                              
                        The examiner relies upon Maveddat as teaching all the elements of the claimed                                                      
                 invention except the limitation of “activating an indicator.”   For independent claims 1, 10,                                             
                 and 19, the examiner relies upon Rydbeck  as teaching “activating an indicator” that would                                                
                 allow “the user to be notified of low link margin” [answer, page 3].                                                                      
                 I.      Appellants argue that nowhere in Maveddat is there suggested, taught or implied that                                              
                 LEOs, MEOS or LEOS and MEOS in conjunction with GEOS may be employed in the                                                               
                 system of the instant invention which activates an indication for informing a user of potential                                           
                 reduced user terminal performance [reply brief, page 3].                                                                                  
                        The reply brief was noted by the examiner.  We note that the instant claims are silent                                             
                 with respect to the argued limitations of LEOS (Low Earth Orbit Satellite), MEOS (Medium                                                  
                                                                                                                                                          
                 Earth Orbit Satellite), or LEOS and MEOS in conjunction with GEOS (Geo-stationary Earth                                                   
                 Orbit Satellite).                                                                                                                         

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