Appeal No. 2003-0661
Application 09/032,622
With respect to claims 30 and 40, both explicitly require
calculation of an actual transmission rate of the cells and their
rejection under 35 U.S.C. § 103 is reversed for the reasons
discussed above with respect to claim 34. Claim 21, requires
calculation of a transmission rate of the cells, but does not
explicitly require “actual”. However we find, “actual
transmission rate” is implicit in claim 21, and the rejection
under 35 U.S.C. § 103 is reversed for the reasons discussed above
with respect to claim 34.
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