Appeal 2007-2458
Application 10/006,577
that any signal is sent to a terminal to instruct the terminal to turn on its
power, as required by the claims. The Examiner finds that all of the
elements of the claims are taught or suggested by the combination of Fukuda
and Gillig and that signaling is sent that causes the power of a receiving
cellular phone to be turned on. (Answer 12).
We affirm.
ISSUE
Has Appellant shown that the Examiner erred in establishing that the
combination of the cited references teach or suggest all of the disputed
elements of the independent claims 1, 3, 6, and 9?
FINDINGS OF FACT
1. Appellant discloses a notification system that can notify a cellular
phone of the receiving party, even if that receiving party’s cellular phone is
“turned off.” (Specification 2:19-22).
2. The notification system includes a sender cellular phone that
communicates through a plurality of base stations to contact a receiver
cellular phone to be notified. (Specification 10:3-11; Fig. 1; elements 100,
1, 40, & 5).
3. The receiver cellular phone includes a power ON information
detecting section and a power source section. The “main power source” is
not illustrated in the drawings of the instant application. The “main power
source” must be a subset of the power source section because the
Specification details that power source section supplies power to sections of
the receiver cellular phone so that they “remain in an active state, even if the
3
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