Ex Parte HUGHES et al - Page 2



          Appeal No. 2001-1911                                                        
          Application No. 08/825,492                                                  

                    removing a second partially filled ATM cell from                  
               the ATM cell stream; and                                               
                    merging the first partially filled ATM cell and                   
               the second partially filled ATM cell into a third ATM                  
               cell having a header that includes information                         
               indicative of a merging method used.                                   
               21.  An ATM cell, comprising:                                          
                    a payload including information from two or more                  
               partially filled ATM cells; and                                        
                    a header including information indicative of a                    
               merging method used to construct the ATM cell.                         
               The following reference is relied upon by the examiner:                
               Takashima           5,509,007           Apr. 16, 1996                  
               Claims 1 through 3, 5 through 8, 14 through 16, 18 through             
          22 and 24 through 26 stand rejected under 35 U.S.C. § 112, first            
          paragraph, with the examiner’s analysis focusing upon the written           
          description portion thereof.  Claims 21, 22, and 26 stand                   
          rejected under 35 U.S.C. § 101 as being directed to nonstatutory            
          subject matter.  Finally, claims 1 through 3, 5 through 8, 14               
          through 16, 18 through 20, 24 and 25 stand rejected under 35                
          U.S.C. § 102(a) as being anticipated by Takashima.  The answer              
          incorrectly includes claims 21, 22 and 26 in this rejection under           




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