Ex parte ASTLE et al. - Page 4





                     Appeal No. 1998-0622                                                                                                                                              
                     Application No. 08/360,972                                                                                                                                        

                                said encoded information and other encoded                                                                                                             
                                information provided thereto through said                                                                                                              
                                communication link to the remote device.                                                                                                               
                                The examiner relies upon the following references:                                                                                                     
                     Hayano et al. (Hayano)                                           5,132,966                                  Jul. 21, 1992                                         
                     Buhrke et al. (Buhrke)                                           5,231,631                                  Jul. 27, 1993                                         
                     Caci                                                             5,392,223                                  Feb. 21, 1995                                         
                                                                                                (filed Jul. 29, 1992)                                                                  


                                Claims 3 to 21, 24 to 36, and 44 stand rejected under 35                                                                                               
                     U.S.C. § 103 as being unpatentable over Buhrke and Caci.                                                                                                          
                                Claims 37, 38, 42 and 43 stand rejected under 35 U.S.C.                                                                                                
                     § 103 as being unpatentable Caci in view of Hayano.                                                                                                               
                                Claims 39 and 40 stand rejected under 35 U.S.C. § 103 as                                                                                               
                     being unpatentable over Caci, Hayano and Buhrke.                                                                                                                  
                                Rather than repeat the arguments of appellants and the                                                                                                 
                     examiner, we make reference to the final rejection , the                                                    1                                                     



                                1An amendment after final rejection was filed as paper no. 9.  The                                                                                     
                     examiner approved the amendment and it was entered into the record, see paper                                                                                     
                     10.  Another amendment after final rejection was filed along with the brief as                                                                                    
                     paper no. 16.  However, we have been unable to locate this amendment and there                                                                                    
                     does not appear to be anything in the record to indicate that paper no. 16 was                                                                                    
                     accompanied by an amendment.  The examiner is advised to verify the existence                                                                                     
                     or non-existence of the amendment which is numbered as paper  no. 16 in the                                                                                       
                     record.  For the purpose of this decision, the claims are being considered                                                                                        
                     subsequent to the entry of amendment C, paper no. 9.                                                                                                              
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