Ex parte SIEP et al. - Page 5




          Appeal No. 2000-1699                                                        
          Application No. 08/706,123                                                  


          of data as recited in claims 25 and 27 [brief, pages 6-8].  The             
          examiner responds that the fact that Tejima suggests                        
          “sequentially” and “polls” client devices, by definition one and            
          only one device is selected at any given time [answer, pages 9-             
          10].  Appellants respond that the sequential selection disclosed            
          by Tejima does not meet the recitation of one and only one as               
          set forth in claims 25 and 27 [reply brief].                                
          We agree with the position argued by appellants.  The                       
          recitation of “one and only one” in appellants’ claims requires             
          that only one client device in total acknowledge receipt of each            
          bit broadcast by the master device.  This precludes a plurality             
          of client devices acknowledging receipt, even if the client                 
          devices acknowledge receipt in sequence.  In other words, one               
          and only one means one total, not one at a time.  Since the                 
          sequential polling arrangement of Tejima does not meet the “one             
          and only one” recitation of independent claims 25 and 27, we do             
          not sustain the examiner’s anticipation rejection of independent            
          claims 25 and 27 or of any of the claims which depend therefrom.            
                                                                                     




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