Appeal No. 1998-1811
Application No. 08/395,193
the claimed feature of programmed periodic time slots which
would overcome the innate deficiencies of Lee discussed supra.
In view of the above discussion, it is our view, that,
since all of the limitations of the appealed claims are not
taught or suggested by the prior art, the Examiner has not
established a prima facie case of obviousness. Accordingly,
the 35 U.S.C.
§ 103 rejection of independent claims 2 and 10, as well as
claims 3, 4, 6, and 11-13 dependent thereon, cannot be
sustained. Therefore, the decision of the Examiner rejecting
claims 2-4, 6, and 10-13 is reversed.
REVERSED
Michael R. Fleming )
Administrative Patent Judge )
)
)
)
Joseph F. Ruggiero ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Lance Leonard Barry )
Administrative Patent Judge )
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