Ex Parte CLEMENS - Page 7



          Appeal No. 2003-0408                                                        
          Application 09/019,965                                                      

          The examiner responds that Tung teaches pausing the video                   
          streaming action, capturing a still image, transferring the still           
          image to the remote site, and resuming video streaming all                  
          performed as an atomic operation which is non-interruptible                 
          [answer, pages 11-14].                                                      
          Appellant responds that the images in Tung are sent                         
          between computers over a computer network.  Appellant argues that           
          there is an indeterminate amount of time required to send two               
          SNAPSHOT messages in the Tung computer network, and during this             
          time the computers will continue processing which could cause               
          interrupts within the computers to occur.  Appellant asserts that           
          the processing in Tung is anything but atomic and non-                      
          interruptible as claimed [reply brief].                                     
          We will not sustain the examiner’s rejection of                             
          independent claims 1 and 8 for essentially the reasons argued by            
          appellant in the briefs.  Most importantly, we agree with                   
          appellant that there is no teaching within the combination of               
          Tung and Nagasawa that the steps and operation of these claims              
          are performed as an atomic operation which is non-interruptible.            
          Appellant’s specification describes the atomic operation as                 
          follows:                                                                    

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