Ex parte SCHOCH - Page 6




          Appeal No. 96-0734                                                          
          Application No. 08/056,739                                                  


          through 1111, and for the polling station 101 to collect the                
          messages from the stations.                                                 
               Citta is concerned with peak upstream loading in a two-                
          way cable television (CATV) contention system.  During                      
          upstream retransmissions by subscriber terminals 11 to CATV                 
          headend 12, a transmission window time (Figure 5) is a                      
          function of the upstream message traffic load.  In other                    
          words, the number of attempts by subscribers 11 to retransmit               
          to the CATV headend 12 is directly related to the upstream                  
          transmission window size time (Figure 5; column 7, lines 23                 
          through 37).                                                                
               Based upon the foregoing, we agree with appellant (Brief,              
          page 13) that "[t]he patents, when viewed alone or in                       
          combination, fail to suggest any incentive for a person of                  
          ordinary skill in the art to modify the data terminals to                   
          transmit an unsuccessful attempt count to the terminal mapping              
          means or to modify the terminal mapping means to remap based                
          on an unsuccessful attempt count instead of the time it takes               
          to collect all available messages during a probing cycle."                  
               In summary, the obviousness rejection of claims 5 through              
          8, 10, 26 and 30 through 36 is reversed.                                    
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