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. 6Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007