Ex parte FUKUDA - Page 6




          Appeal No. 1998-0219                                       Page 6           
          Application No. 08/265,000                                                  


          that the sub-master stations transmit a predetermined time                  
          after the master station, because time delays in                            
          communications due to air interface interference/propagation                
          are well known in the art (Col. 7;12-16).”  (Paper No. 21 at                
          4.)  He explains, ”even a microsecond delay, no matter how                  
          infinitesimal, would cause transmissions to happen at                       
          different times.”  (Id. at 6-7.)  The examiner also alleges,                
          “Schuermann discloses the use of CSMA protocols, which prevent              
          all sub-masters from transmitting at the same time, because a               
          collision would result and both sub-masters would transmit at               
          a later time.”  (Id. a 7.)                                                  


               “‘[T]he main purpose of the examination, to which every                
          application is subjected, is to try to make sure that what                  
          each claim defines is patentable.  [T]he name of the game is                
          the claim ....’”  In re Hiniker Co., 150 F.3d 1362, 1369,                   
          47 USPQ2d 1523, 1529 (Fed. Cir. 1998) (quoting Giles S. Rich,               
          The Extent of the Protection and Interpretation of Claims --                
          American Perspectives, 21 Int'l Rev. Indus. Prop. & Copyright               
          L. 497, 499, 501 (1990)).  Here, claim 4 specifies in                       
          pertinent part the following limitations:                                   







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