Appeal No. 1998-0866
Application No. 08/698,707
limitations of claims 4 and 5 are taught by, or obvious from,
Swanson’s disclosure of providing repeated messages and a
complete message for each frame.
In summary, this panel of the board has reversed the
rejection of claims 1-5 under 35 U.S.C. § 103 as being
unpatentable over Swanson in view of either Brock or Goto.
Additionally, we have introduced a new ground of
rejection for claims 1 and 4-5.
Any request for reconsideration or modification of this
decision by the Board of Patent Appeals and Interferences
based upon the same record must be filed within one month from
the date of the decision (37 CFR § 1.197). Should appellants
elect to have further prosecution before the examiner in
response to the new rejection under 37 CFR § 1.196(b) by way
of amendment or showing of facts, or both, not previously of
record, a shortened statutory period for making such response
is hereby set to expire two months from the date of this
decision.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.196(a).
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