Ex Parte HARDIN et al - Page 7




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


               For claim 29, the Appellants argue that the Examiner has not           
          shown, a memory medium, said memory medium having stored thereon            
          a program for (1) operating a wireless subscriber station,                  
          (2) controlling a base station and (3) communicating between said           
          base station and a plurality of wireless stations as required               
          respectively by the claims.  Appellants further argue that the              
          claim requires "decoding said FEC bits only when said BER is                
          above a predetermined level" and the Stengel reference does not             
          show this.  See Appeal Brief, Page 8, lines 5-9.                            
               Upon review, we will sustain the rejection of claim 29 based           
          on the reasoning for sustaining the rejection of claim 1.  As               
          pointed out above, we have found that Stengel teaches a decoder             
          for decoding FEC bits only when the BER is above a predetermined            
          level.  Also, the limitation of the claim in a memory medium is             
          taught by Stengel.  In particular, Stengel teaches the use of a             
          digital communication system with a Smartnet central controller             
          manufactured by Motorola.  See Stengel, Column 3, line 68 and               
          Column 4, line 1.  This a computer having a memory medium storing           
          a program for (1) operating a wireless subscriber station, (2)              
          controlling a base station and (3) communicating between a base             
          station and a plurality of wireless stations.  Therefore, we find           
          that Stengel teaches the above limitation recited in claim 29.              

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