Appeal No. 95-4543
Application 07/605,052
There is only a limited number of ways to
implement this operation of determining a
successful transmission and an efficient and
simple way is to . . . compare the transmitted
message with the received message (received
retransmitted message).
Supplemental Examiner’s Answer at 3.
The mere fact that the prior art may be modified in
the manner suggested by the examiner does not make the
modification obvious unless the prior art suggested the
desirability of the modification. In re Fritch, 972 F.2d
1260, 1266 n.14, 23 USPQ2d 1780, 1783-84 n.14 (Fed. Cir.
1992). In the present case, the examiner has not pointed to
anything in the prior art that suggested the desirability of
comparing the transmitted message with the received
retransmitted message to determine a collision as claimed.
The comparing step may well be “an efficient and simple way”
to determine a successful transmission as posited by the
examiner, but the examiner has not shown that it was suggested
by the prior art.
The examiner reasonably relies on Wilmoth to show
use of different frequencies. However, Wilmoth does not make
up for the above-noted deficiencies.
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Last modified: November 3, 2007