Ex Parte Shih et al - Page 3

                 Appeal 2006-2624                                                                                   
                 Application 10/223,246                                                                             

                       Rather than repeat the positions of the Appellants and the Examiner,                         
                 reference is made to the Brief (no Reply Brief has been filed) for Appellants’                     
                 positions, and to the Answer for the Examiner’s positions.                                         

                                                    OPINION                                                         
                       We affirm-in-part.                                                                           
                       Noting again that Appellants have not filed a Reply Brief in this                            
                 appeal, we also observe that Appellants have not presented any arguments in                        
                 the brief as to the second and third stated rejections noted earlier                               
                 respectively relying upon Jensen and Park.  Note page 11 of the Brief.                             
                       There appears to be no dispute between the Examiner and Appellants                           
                 that Nakanishi does in fact teach the subject matter of independent claims 1                       
                 and 10 on appeal, except for the feature of an indicator for indicating a TSSI.                    
                 Nakanishi’s teachings encompass the use of a telephone as recited in                               
                 dependent claim 21 according to the teachings of mobile radio environments                         
                 at Specification page 1, lines 1 through 9 and the discussion beginning at                         
                 column 14, line 51 to the end of Nakanishi’s Patent.                                               
                       The Examiner relies upon Durkota for the use of a watt meter 112 in                          
                 figure 2 to monitor the power levels of the antenna 102.  Contrary to some                         
                 arguments of Appellants in the Brief, the Examiner does not rely upon the                          
                 video display 189 within the portable test unit 103 for display of a power                         
                 level feature even through the telemetry data from the onboard test system                         
                 105 does communicate watt meter-type information through the telemetry                             
                 transmitter 151 to the telemetry antenna 156 within the portable test system                       
                 103 for display on the video display 189.                                                          

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