Appeal 2007-2458
Application 10/006,577
same as a “power-ON signal embedded in the control signal,” as argued by
Appellant since the claims do not require any embedding of signals.
The signals and information recited in the independent claims require
no more than that they indicate that the state of the receiving cellular phone
should be changed. These elements read directly on an initial control signal
in Fukuda that is sent from the master station to the remote station to
establish the timing of when the remote stations enter the reception standby
mode. (Finding of Fact 7). That initial control signal indicates that sections
should be energized to receive subsequent signals at predetermined intervals;
the fact that this initial signal does not cause the remote station to turn on
and stay on indefinitely, as disclosed but not claimed by Appellant, is not
dispositive. Fukuda teaches the sending of a signal from the master station
to the remote station that indicates that the remote station should be in a
remote standby mode, where we find that the above-noted signals and
information recited in the independent claims read on that disclosure. We
find the Appellant’s arguments directed to commands or embedded signals
to be immaterial, in view of the elements recited in the independent claims.
In addition, the Appellant and the Examiner dispute the meaning of
language found in the Abstract of Fukuda that the “remote station turns on
and off a power supply of its reception unit on the basis of the control
signal.” Since we find that the control signal does control the remote
station’s entry into the remote standby mode, so that the reception station
need not be set in the on-state constantly, we also find the discussion
whether the interpretation of the Abstract is contrary to the teachings of the
Specification to be moot.
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