Ex parte KOZ et al. - Page 4




              Appeal No. 1997-0653                                                                                        
              Application No. 08/140,043                                                                                  


              subscribers.  We disagree with appellants.  Rather, the examiner has essentially read the                   
              figure 2b on the claimed limitations instead of the figures 2a and 2b which the examiner                    
              references in the rejection.  (See answer at page 3.)  With the examiner using compressed                   
              data library 118 of Yurt as the random access data storage, then the transmission format                    
              conversion CPU 119 must perform the conversion of the compressed stored data to a                           
              different format.   Appellants argue that Yurt does not teach or suggest that the                           
              transmission format conversion CPU 119 compresses the data using a different standard.                      
              (See brief at page 13.)  We agree with appellants.                                                          
                     The examiner maintains that the  transmission format conversion CPU 119 would                        
              “tailor the data into a format best suited for the particular channel.”  (See answer at pages               
              3-4.)  Appellants argue that Yurt does not disclose the compression of data in the                          
              transmission format conversion CPU 119 because the disclosure of Yurt with respect to                       
              this element only contains 131 words.  (See brief at page 15 and Appendix II.)   Appellants                 
              further argue that the declaration of Mark C. Koz, one of the inventors, addresses the                      
              compression of data using a second different standard and the                                               




              examiner’s asserted bandwidth motivation.  (See brief at page 16 and reply brief at page                    
              4.) The examiner has not addressed the evidence presented in the declaration.  While we                     


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