Ex parte ALLEN - Page 6




           Appeal No. 97-3665                                                                    
           Application 08/280,039                                                                

           frequency.  The receivers constitute the user terminals.  It                          
           does not matter that the receivers do not provide any                                 
           indication of receipt back to the source of transmission.                             
           Bidirectional communication is not required by the claims.  In                        
           any event, Stringer contemplates that an interested user make                         
           a telephone call to the source of transmission to make a                              
           purchase of the transmitted data (column 4, lines 36-40).  The                        
           telephone lines are reasonably deemed a part of the                                   
           communications network used, and none of the appellant’s                              
           claims requires that any particular data travel all legs of                           
           the communications network.                                                           
                 The appellant further argues (Br. at 9) that in a                               
           particular embodiment disclosed in Stringer, the perceived                            
           quality of data is exactly the same for both the evaluation                           
           version and for the actual version upon purchase, whereas the                         
           claimed invention requires the two versions to be different in                        
           quality.  The argument is without merit since it discusses                            
           only a particular embodiment of Stringer and ignores other                            
           embodiments which include versions of different quality, one                          
           for evaluation, and one for purchase.  See examples 2, 3, and                         
           4 described in Stringer’s columns 12-13.                                              

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