Appeal 2007-1468
Application 09/912,784
computer with a wireless network connection. Accordingly, we affirm the
Examiner’s rejection of independent claim 40 and the claims grouped
therewith, claims 32, 36, 37, and 44.
B) Second issue.
As discussed above in the statement of issues, the second issue is
whether the combination of AARA and Ishigaki teaches or suggests that the
radio module scans while the computer system is powered off as claimed.
Independent claim 17, recites “wherein the radio module scans for
available wireless access points, and indicates the availability of a wireless
access point, both while the computer system is powered-off.”1 Appellants’
Specification on pages 5-6 states:
The term "powered-off” means that the computer system is off
and is not operational as far as a computer system user is
concerned. It should be noted that in most notebook computers,
even when the notebook computer is powered-off, there are
certain functions and circuits within the computer that are still
coupled to active power, e.g., a keyboard controller looking for
assertion of a power-on request. It is intended throughout this
specification that the term "powered-off' refers to the condition
that, as far as the computer system user is concerned, the device
is not operational.
1 We note that the claim term “both” as used in the claim contains an
ambiguity, it is unclear if the claim recites the radio module is both scanning
and indicating while the unit is powered and off, or the claim recites the
radio module is scanning and indicating while the computer system is both
powered and off. This ambiguity does not impact our decision regarding the
prior art rejection as in either of these interpretations the claim would recite
scanning and indicating while the computer system is off. However,
Appellants and the Examiner should take appropriate action to clarify the
claims.
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