Ex Parte HARDIN et al - Page 8




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


               For claim 30, Appellants further argue that Stengel does not           
          teach or suggest "a plurality of TEI messages corresponding to              
          respective ones of a plurality of said subscriber stations" nor             
          "arranging the plurality of TEI messages in a continuous group              
          and for 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 8, lines 10-14.                
          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.                        
               For claim 31, Appellants further argue that the claim                  
          requires "decoding said FEC bits only when said BER is above a              
          predetermined level" and this is not taught by Stengel.  See                
          Appeal Brief, Page 8, lines 15-16.  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.  Upon review, we               
          will sustain the rejection of claim 31 based on the reasoning for           
          sustaining the rejection of claim 1.                                        
               We next turn to the rejection of claims 2, 4-18, 20, and 22-           
          27 under 35 U.S.C. § 103 as being unpatentable over Dahlin in               

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