Ex Parte HARDIN et al - Page 6




          Appeal No. 2001-0950                                                        
          Application No. 08/534,855                                                  


          rejection of claim 19 based on the reasoning for sustaining the             
          rejection of claim 1.                                                       
               For claim 21, Appellants argue that there is no teaching or            
          suggestion in Stengel that bit error rate could be determined by            
          "comparing known bits of TEI overhead messages with received bits           
          of the TEI overhead messages."  See Appeal Brief, Page 7, lines             
          21-24.  Upon review, we fail to find any evidence that Stengel              
          teaches or suggests the use of known bits of TEI overhead                   
          messages.                                                                   
               For claim 28, Appellants further argue that there is no                
          teaching or suggestion in Stengel of "a transmission control                
          mechanism for arranging the plurality of TEI messages in a                  
          continuous group" let alone of "beginning said group of TEI                 
          messages with a unique TEI message and ending said group of TEI             
          messages with a second unique TEI message."  See Appeal Brief,              
          Page 7, lines 19-26 and Page 8, lines 1-4.  Upon review, we fail            
          to find any evidence that Stengel teaches or suggests a                     
          transmission control mechanism for arranging the plurality of TEI           
          messages in a continuous group and for beginning the group of TEI           
          messages with a unique TEI message and ending the group of TEI              
          messages with a second TEI message.                                         


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