Appeal No. 2004-0252
Application No. 09/439,920
are simply instructions for the processor so that the
processor knows how to deal with the data that follows.
Therefore headers are synonymous to activity metrics
because a header contains instructions and information
necessary for dealing with subsequent data.
Furthermore, Igarashi is replete with teachings of
placing relevant information for the subsequent
processing of received data in his header. See figure
21 as well as column 21 lines 1-24, and column 24 lines
23-47.
Since the examiner’s rationale appears reasonable to us, and
appellant has not responded to this rationale, e.g., the reply
brief is silent on this matter, we will sustain the rejection of
claim 32 under 35 U.S.C. § 103.
CONCLUSION
We have not sustained the rejection of claims 24 and 27-30
under 35 U.S.C. § 102(e) but we have sustained the rejection of
claims 1, 2, 4, 12, 15, 26, and 32, along with the claims
included in the groups into which appellant grouped these claims,
under 35 U.S.C. § 103.
Accordingly, the examiner’s decision rejecting claims 24 and
27-30 under 35 U.S.C. § 102(e) and rejecting claims 1-5, 7-23,
25, 26 and 31-41 under 35 U.S.C. § 103 is affirmed in part.
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