Ex Parte DEBEY - Page 1




                                THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                  
                        The opinion in support of the decision being entered today (1) was not written for    
                           publication in a law journal and (2) is not binding precedent of the Board.        
                                                                             Paper No.  13                    
                           UNITED STATES PATENT AND TRADEMARK OFFICE                                          
                                               _____________                                                  
                                BEFORE THE BOARD OF PATENT APPEALS                                            
                                           AND INTERFERENCES                                                  
                                               _____________                                                  
                                         Ex parte HENRY C. DEBEY                                              
                                               _____________                                                  
                                            Appeal No. 2000-1643                                              
                                            Application 08/897,900                                            
                                              ______________                                                  
                                                 ON BRIEF                                                     
                                             _______________                                                  

            Before JERRY SMITH, FLEMING, and BLANKENSHIP, Administrative Patent Judges.                       
            JERRY SMITH, Administrative Patent Judge.                                                         
                                           DECISION ON APPEAL                                                 
                   This is a decision on the appeal under 35 U.S.C. § 134 from the examiner’s                 
            rejection of claims 22 and 30, which constitute all the claims remaining in the                   
            application.                                                                                      
            The disclosed invention pertains to a method for optimizing transmission of a                     
            program over a distribution system for multiple users.  The program is divided into a             
            plurality of segments, at least some of which are further divided into a plurality of             
            fragments, and during each time interval one fragment of each segment is transmitted              

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