Ex parte TIMMERMANS - Page 8




          Appeal No. 1996-2384                                                        
          Application 08/226,225                                                      


          arguing the Group B claims, appellant contends that this                    
          feature is not taught by Souma (Brief at 9).                                
          The 35 U.S.C. § 103 rejection of claims 30-35, 37-43,                       
          45, 46, and 48-53 over Sugita in view of Souma                              
               Because the § 102(b) rejection of claim 30 has been                    
          affirmed, the § 103 rejection of that claim is also affirmed,               
          anticipation being the epitome of obviousness.  In re                       
          Fracalossi, 681 F.2d 792, 794, 215 USPQ 569, 571 (CCPA 1982);               
          In re Pearson, 494 F.2d 1399, 1402, 181 USPQ 641, 644 (CCPA                 
          1974).                                                                      
               Appellant contends that the remaining Group B claims,                  
          i.e., claims 31-35, 37-43, 45, 46, and 48-53, are patentable                
          over Sugita and Souma because in Souma "there is no suggestion              
          of providing multiple control bit groups" (Brief at 9).  This               
          feature is disclosed by Sugita for the reasons given above in               
          the discussion of the § 102(b) rejection.                                   
               Regarding the Group C claims, i.e., claims 34, 35, 37,                 
          38, 45, and 53, appellant argues: "These claims include the                 
          use of a group synchronization bit, whose value is the same                 
          for the repeated groups of a packet, but is different for                   
          other packets.  This feature is useful, because it enables                  

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