Appeal No. 95-4543
Application 07/605,052
Wilmoth 5,060,303 Oct. 22, 1991
(filed Sept. 6, 1988)
Vacon et al. (Vacon) WO88/07794 Oct. 6, 1988
OPINION
Claims 1-6, 8-12, 14-16, and 18 stand rejected
under 35 U.S.C. § 103 as unpatentable over Knapp in view of
Vacon and Wilmoth. We reverse for the reasons given by
Appellants amplified as follows.
The examiner found that Knapp disclosed the
invention of Claim 1 except for the comparing step. In the
final rejection, the examiner found that the comparing step
was disclosed by Vacon and that it would have obvious to
include it in Knapp.
Appellants correctly point out that Vacon does not
disclose the comparing step. Rather, Vacon merely checks
whether or not there are multiple transmissions being
attempted simultaneously. If the answer is yes, Vacon
declares that a collision has occurred.
In response, the examiner says that:
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