Ex parte ASTLE et al. - Page 9




          Appeal No. 1998-0622                                                        
          Application No. 08/360,972                                                  



          facie case of obviousness to meet these claims.  Therefore, we              
          do not sustain the obviousness rejection of these claims over               
          Buhrke and Caci.                                                            
          Caci and Hayano                                                             
               The examiner rejects claims 37, 38, 42 and 43 under this               
          combination at pages 6 to 8 of the examiner’s answer.  The                  
          examiner asserts, id. at page 7, that “[i]t would have been                 
          obvious . . . to modify the bandwidth allocation system of a                
          communication processor as disclosed by Caci with bandwidth                 
          allocation system based on priority as disclosed by Hayano et               
          al.  to achieve high bandwidth efficiency . . . .”  Appellants              
          argue, brief at page 10, that Caci and Hayano “do not teach,                
          disclose  or suggest: (i)dynamically allocating a selected                  
          amount of bandwidth, (ii) encoding the information according                
          to a portion of a predetermined bandwidth, (iii) selectively                
          transmitting the                                                            
          encoded information, and (iv) a priority parameter indicating               
          urgency in receiving a dynamically allocated amount of                      
          bandwidth.”  We are persuaded by the appellants’ arguments.                 
          We note that Caci does not disclose, as the examiner admits,                

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