Appeal No. 96-1115
Application 07/917,098
Thorne may teach that control fields may be of variable length
as needed does not necessarily argue or teach the desirability
of modifying another data structure. Essentially, there is no
other reason advocated by the examiner to modify Tooley and we
are aware of none.
We are also persuaded by appellants' argument at the
bottom of page 6 and at the bottom of page 7 of the brief that
independent claims 1 and 9 patentably distinguish over the
teachings and showings in Tooley because the claimed control
frames rather than an entire control block or packet as taught
by Tooley and by the Tooley-Thorne combination are utilized to
control the flow of data packets. At page 4 of the answer the
examiner analogizes the data or text blocks of Tooley to the
claimed data packets. In one sense then it does take within
Tooley's teachings an entire data block length in the form of
a response message format to transmit a response message
comprising an ACK or a NAK or a RSP message. Tooley does not
teach that a lesser number of bits or identifiable groups of
bits within any of his blocks may be construed as a control
"frame" having the same bit length as a data or text portion
4
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