Appeal 2007-2458
Application 10/006,577
With respect to the on and off states of the main power source,
Appellant argues that the reception units of Fukuda could not receive any
control signal instructing it to turn on the power when that reception unit is
in the powered off state and Fukuda is concerned only with the turning on
and off of the reception unit and not the main power. We disagree.
The main power source recited in the independent claims is not the
only power source found in the receiver cellular phone, (Finding of Fact 3),
and all of the power in the receiver cellular phone is not turned off in the
OFF-state (Finding of Fact 4). Appellant’s disclosure indicates that the main
power source is a subset of the power source section, so that signals can still
be received, even when the receiver cellular phone is in the off-state. In this
respect, the disclosures of Fukuda and the instant application are the same.
While the independent claims recite a “main power source,” we have no
evidence before us that the reception unit power of Fukuda is not a main
power source. Given the power savings described in Fukuda by employing
the intermittent standby mode, the power to the reception unit may be a main
power source for the reception station overall.
CONCLUSION OF LAW
We conclude that Appellant has not shown that the Examiner erred in
rejecting claims 1-4, 6-10, 12, and 14.
DECISION
The Examiner's rejection of claims 1-4, 6-10, 12, and 14 is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).
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