Appeal 2007-1468
Application 09/912,784
Thus, the scope of independent claim 17 includes the radio module
scanning for access ports while the computer is off (not operational as far as
the user is concerned). Independent claims 26, 45, and 49 recite similar
limitations. Independent claim 54 recites the limitation “before an operating
system of the computer system is booted” which is of different scope.
We appreciate that a hibernate or sleep mode of a computer may meet
this definition of off as not operational as far as the user is concerned, but
they do not meet the limitation of before an operating system is booted.
However, we find that the standby mode of a phone such as taught by
Ishigaki does not meet the claim limitation of being off (or before an
operating system is booted). As discussed above, Ishigaki teaches that the
radio receiver of the GPS unit may be turned off while the phone is in
standby mode. The standby mode of a phone is a mode where the phone is
on and ready to receive or place a call, as such it would appear to the user to
be operational, i.e. standby is an idle state and not a non-operational state.
Thus, we find that the combination of AARA and Ishigaki does not teach all
of the limitations of independent claims 17, 26, 45, 49, and 54. Accordingly,
we reverse the Examiner’s rejection of claims 17, 21, 24, 26 through 30, 45,
47, 49, 50, and 53 through 55 under 35 U.S.C.
§ 103(a) based upon the combination of AARA and Ishigaki.
Appellants present separate arguments directed to claims 25, 34, 38,
46, and 48. As claims 25, 46, and 48 are dependent upon claims 17 and 45
respectively, we reverse the rejection of claims 25, 46, and 48 for the reasons
discussed with respect to claims 17 and 45.
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