Appeal No. 96-1115
Application 07/917,098
of an entire block. Only entire "blocks" of data are
transmitted in Tooley and not a lesser number of or portions
of any given "block" defined as a subportion of a block are
transmitted as a control portion or "frame" as claimed. Thus,
it is also apparent that an additional feature of independent
claims 1 and 9 is not met by Tooley in that the portions of an
identified group of named bits of a block in Tooley are not
transmitted independently of any block or packet in this
reference. The examiner's brief reference to column 1, lines
35 to 53 as to this feature is not persuasive as to this
limitation of independent claims 1 and 9 on appeal.
The examiner's attempt to analogize the data blocks of
Tooley to the claimed data packets therefore fails. Thorne
does not cure this deficiency. The subtle nuances of data
structures for communication protocols cannot be ignored. In
view of the foregoing, therefore, we cannot sustain the
rejection of independent claims 1 and 9 on appeal. As such,
the rejection of their respective dependent claims must also
be reversed. The decision of the examiner rejecting claims 1
to 12 under 35 U.S.C. § 103 is reversed.
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