Ex Parte Grohn - Page 6



          Appeal No. 2004-1561                                                        
          Application No. 09/631,474                                                  

          ordinary skill in the art the Link Access Procedure on D-channel            
          (LAPD) format using High Level Data Link Control (HDLC) frames              
          including a Service Access Point Identifier (SAPI) location.  The           
          examiner’s contentions (answer, pages 7 and 8) to the contrary              
          notwithstanding, we agree with the appellant’s argument (brief,             
          pages 13 and 14) that the examiner is relying on impermissible              
          hindsight reconstruction to arrive at the conclusion that the               
          conventional frame included an address field having a SAPI                  
          location.                                                                   
               The obviousness rejection of claim 79 is reversed because              
          the applied references neither teach nor would have suggested to            
          the skilled artisan the specifically claimed length of the common           
          control channel.                                                            
               The obviousness rejection of claims 82 and 83 is sustained             
          because the appellant has not presented any patentability                   
          arguments for these claims.                                                 
                                      DECISION                                        
               The decision of the examiner rejecting claims 45 through 47,           
          51 through 54, 57 through 64, 69 through 80 and 82 through 87               
          under 35 U.S.C. § 103(a) is affirmed as to claims 45, 51, 57,               
          69 through 76, 80 and 82 through 87, and is reversed as to claims           
          46, 47, 52 through 54, 58 through 64 and 77 through 79.                     
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