Appeal No. 95-4207
Application 08/073,442
transmitter means recited includes a spread spectrum
modulator. In the context of claim 11 as it relates to its
parent independent
claim 1 in Noreen, the stated data-transmitter means is a
transmitter in the mobile station of Noreen. Figures 2, 3A,
3B, 3E and 4 of Noreen indicate the capability of Noreen’s
mobile user terminals 107/109 in Figure 1 to transmit back to
the satellite 105 data responses. However, the discussion at
column 9, lines 43 through 62 as it relates to Figure 3E and
the discussion at column 12, lines 54 through 62 as it relates
to Figure 4 in Noreen both indicate to us that a single
carrier signal is sent back to the satellite with data from
the user/mobile terminal. This indicates in the art that
there is only a single channel of data transmitted. In
contrast, however, claim 19 requires the formatting of a
plurality of channels of digitized program data. Thus, we
must reverse the rejection of claim 19 under 35 U.S.C. § 102.
For similar reasons, the initial clause in the body of
independent claims 1 and 11 on appeal, which are respectively
rejected under 35 U.S.C. § 102 and § 103, requires
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