Ex Parte HARDIN et al - Page 11




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


          22-24 are dependent on independent claims 2, 9, and 21, we also             
          cannot sustain the art rejections of these claims.                          
               In regard to claim 25, Appellants argue that the references            
          do not teach or suggest a                                                   
               method of operating a wireless subscriber station and a                
               wireless communication system having a base station in                 
               which said base station controls a stream of message                   
               blocks including a plurality of TEI messages                           
               corresponding to respective ones of a plurality of said                
               subscriber stations . . . monitoring said communication                
               stream for TEI blocks; . . . and decoding said FEC bits                
               only when said BER is above a predetermined level.                     
          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.  See Appeal Brief, Page 13, line 23 and Page           
          14, lines 1-6.  Upon review, we sustain the rejection of claim              
          25.                                                                         
               For claim 26, Appellants argue that the references do not              
          teach or suggest the requirement that the "BER is determined by             
          comparing known bits contained in a communication stream with               
          received bits from the communication stream."  See Appeal Brief,            
          Page 14, lines 8-10.  As pointed out above, we have found that              
          Stengel teaches a BER determined by comparing known bits                    
          contained in a communication stream with received bits from the             



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