Appeal No. 2003-2092
Application 09/046,285
which serves to maintain the amount of number of bits of codes in
the transmission buffer 19 at or below a desired quantity. See
Zdepski, column 7, lines 1 through 12. However, we fall to find
that the Examiner has made a prima facie case to show that
Zdepski teaches the Appellants’ claimed method and apparatus for
controlling the numbers of bits outputted from the encoder in the
precise way as recited in claims 1 and 6.
In view of the foregoing, we have not sustained the
Examiner’s rejection of claims 1 through 3, 5 through 8 and 10
through 14 under 35 U.S.C. § 103 as being unpatentable over
Zdepski in view of Tsukagoshi.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MICHAEL R. FLEMING )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
ANITA PELLMAN GROSS )
Administrative Patent Judge )
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