Ex Parte Lee et al - Page 9

               Appeal 2007-0638                                                                            
               Application 09/933,655                                                                      

                      Fernandez indicates that controller 6 and the target units 4 are                     
                      two distinct devices that are wirelessly connected.                                  
               (Id. at 12 (emphasis omitted).)                                                             
                      We are not persuaded by these arguments.  We recognize that the                      
               controller 6 and the target units 4 of Fernandez are distinct devices, but we               
               do not agree that the controller 6 cannot be considered a mobile terminal.                  
               Fernandez states that the controller may be implemented in a portable (i.e.,                
               mobile) computer (Fernandez, col. 8, ll. 19-21).  Thus, we agree with the                   
               Examiner that Fernandez describes a controller that constitutes a mobile                    
               terminal.                                                                                   
                      In addition, contrary to Appellants’ argument, claims 1 and 2 do not                 
               recite that the mobile terminal “receives a request for surveillance to control             
               the surveillance of an area with that mobile terminal” (Br. 12 (emphasis                    
               omitted)).  Instead, claim 1 recites that a request for surveillance is received            
               from the mobile terminal.  Claim 2 also recites that the area that is to be                 
               under surveillance is identified using information from the mobile terminal.                
               For the reasons discussed above, we agree with the Examiner that Fernandez                  
               describes these features.                                                                   
                      We conclude that the Examiner has set forth a prima facie case that                  
               claims 1 and 2 are anticipated by Fernandez, which Appellants have not                      
               rebutted.  We therefore affirm the rejection of claims 1 and 2 under 35                     
               U.S.C. § 102.                                                                               






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