Appeal No. 2002-1513
Application No. 08/829,587
We will consider the claims as grouped and argued beginning
at page 6, item B, of the brief, in the order set forth by
appellant.
Claims 1 and 19
With respect to the rejection of independent claims 1 and
19, appellant argues that the examiner incorrectly equated a data
encoding rate or data transmission rate with a network protocol.
Appellant also contends that Hluchyj fails to teach a reliable
network protocol and an unreliable network protocol.
We do not agree with either of appellant’s positions and
will sustain the rejection of claims 1 and 19. A network
protocol is a set of conventions that governs and controls the
interactions between two communicating functional units.
Communications Standard Dictionary, Martin H. Weik, D.Sc.,
Chapman & Hall, Third Edition, New York, N.Y., 1996. The two
different sets of conventions that govern and control the
interactions between two communicating functional computers
(e.g., nodes B and D) that Hluchyj’s network utilizes are his
protocols. Coders 18 and 26 and the bits identified as FCIB and
RCIB are regulated to communicate data between nodes at two
different data rates, high and low, at different times.
Furthermore, Hluchyj’s reliable network protocol is the set of
-3–
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