Ex parte OSKOUY et al. - Page 6




          Appeal No. 1996-4025                                                        
          Application 07/995,591                                                      



          cert. dismissed, 468 U.S. 1228 (1994), citing Kalman v.                     
          Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789                  
          (Fed. Cir. 1983).                                                           
                    On page 10 of the brief, Appellants argue that                    
          Hedlund fails to teach or suggest the retrieval, recomputation              
          and updates of the CRC values responsive to cellified payloads              
          of said transmit packets being packed for transmission as                   
          recited in Appellants' claims 29 and 30.  We note that the                  
          Examiner never addressed this issue.                                        
                    Upon our review of Hedlund, we fail to find that                  
          Hedlund teaches the above claim limitation.  Furthermore, we                
          fail to find that the Examiner has established a prima facie                
          case of why this claim limitation would be inherent.                        
          Therefore, we will not sustain the Examiner's rejection of                  
          claims 29 and 30 under 35 U.S.C. § 102.                                     
                    Claims 1, 3 through 5, 8, 11, 13 through 15, 18 and               
          23 through 26 stand rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Hedlund in view of Burrows.  Appellants                   
          argue on pages 13 and 14 of the brief that Hedlund fails to                 


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