Appeal No. 97-2763
Application No. 08/580,790
to decide which sample should be used for transmission over
the outgoing exchange junction path served by the transmit
interface” (column 1, lines 53 through 60).
We agree with appellants’ argument (Brief, page 12) that
“[b]ased on the testing principle [in Philip], one can see
that this reference lies even farther from the subject matter
of the present application than Izawa and Uchida.” “Thus, the
Philip reference comes no closer to obviating the subject
matter of the present application than do the references of
Izawa and Uchida, which concern ATM technology” (Brief, page
15). Accordingly, the obviousness rejection of claims 1
through 8 based on the teachings of Philip is reversed.
DECISION
The decision of the examiner rejecting claims 1 through 8
under 35 U.S.C. § 103 is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JOHN C. MARTIN ) APPEALS AND
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