Ex parte KAY - Page 7




                   Appeal No. 95-3346                                                                                                                             
                   Application 07/953,320                                                                                                                         



                   brief, appellant discusses Nazarenko’s disclosure at columns 10 and 16 to show that this is the case                                           

                   because the “control channel messages” of Nazarenko do not control the transmission of “working                                                

                   channel messages” between stations.  In the answer to the reply brief, the above position of appellant is                                      

                   not addressed by the examiner.                                                                                                                 

                            At column 26, lines 10-45, the reference discloses that “control channel messages” and                                                

                   “working channel messages” are transmitted independently.  However, there is no teaching in the above                                          

                   disclosure that the “control channel messages” control the transmission of “working channel messages”.                                         

                   Furthermore, we agree with appellant’s unrebutted analysis of Nazarenko concerning columns 10 and                                              

                   16 and, accordingly, will not sustain the rejection of claims 11-27.  The examiner has not established                                         

                   where in Nazarenko it is taught that (1) slots carry control messages independently of information                                             

                   packets for controlling the transmission of information packets between stations, as in independent                                            

                   claim 12, or (2) a radio channel assignment (control message) is transmitted to a controlled station for                                       

                   indicating to the controlled station the channel (slot) upon which the burst (information packet) will be                                      

                   transmitted, and the burst is transmitted on the indicated channel between stations, as in independent                                         

                   claims 18 and 24, and dependent                                                                                                                







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