Ex Parte Wiedeman et al - Page 9




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

                 problem to be solved, or within the general knowledge of a person of ordinary skill in the                                                
                 field of the invention, to look to particular sources, to select particular elements, and to                                              
                 combine them as combined by the inventor.  Ruiz v. A.B. Chance Co., 234 F.3d 654, 665, 57                                                 
                 USPQ2d 1161, 1167 (Fed. Cir. 2000).                                                                                                       
                        We note that “link margin” is a term of art that specifies the general quality of a                                                
                 wireless communication link, particularly in a satellite system having mobile subscriber units                                            
                 [see e.g., Arrington, col. 1, lines 19-23, Rydbeck, col. 5, lines 35-45].  A low “link margin”                                            
                 may result as a function of a number of variables, such as variations in power level,                                                     
                 variations in antenna orientation, modulation techniques, and buildings and other physical                                                
                 obstructions to satellite communication signals [see e.g., Rydbeck, col. 5, lines 37-45.                                                  
                 Arrington. col. 1, line 21].                                                                                                              
                        The motivation the examiner relies upon is found within the Rydbeck reference itself.                                              
                 As pointed out by the examiner, Rydbeck discloses the general link margin problem [col. 1,                                                
                 lines 18-44], and further states that the primary objective is to “provide a mobile radio                                                 
                 telephone which generates a signal to alert the user thereof when a message is received other                                             
                 than through a normal [i.e., low-power] paging channel” [col. 1, lines 61-65].  Rydbeck                                                   
                 discloses that the ability of the mobile satellite phone 16 to obtain synchronization to a                                                
                 normal [i.e, low-power] paging channel 20 depends on the physical location of mobile                                                      
                 satellite phone 16, as well as the orientation of antenna 32 [col. 6, lines 58-61].  The                                                  
                 alternative paging channel 22 [col. 6, line 8] is a high power signaling channel that is used to                                          
                 alert the user that  “some remedial action on his part is required to obtain synchronization to                                           

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