Ex parte ASTLE et al. - Page 10




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

          any priority attached to the request messages.  The examiner                
          uses                                                                        




          Hayano as a teaching for supplying the priority to the                      
          communication signals.  However, Hayano simply discloses the                
          teaching of assigning of a priority level to a packet of                    
          information in a network.  Hayano does not disclose a method                
          wherein a priority level is to be used in a video conferencing              
          network of the type shown by Caci.  There is no teaching in                 
          Hayano how a priority level is attached to a request message                
          depending on the available bandwidth, for the purposes of                   
          video conferencing on an ISDN line.  In our view, the examiner              
          has not established a prima facie case of obviousness to meet               
          the recited limitations. Therefore, we do not sustain the                   
          obviousness rejection of claims 37, 38, 42 and 43 over Caci                 
          and Hayano.                                                                 
          Caci, Hayano and Buhrke                                                     
               Claims 39 and 40 are rejected under this combination of                
          references.  However, since none of the references show or                  
          disclose any teaching of the recited limitations discussed                  

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