Ex Parte PAULS et al - Page 3




            Appeal No. 2004-0913                                                                              
            Application No. 08/940,760                                                                        

                   We refer to the Final Rejection (Paper No. 23) and the Examiner’s Answer                   
            (Paper No. 30) for a statement of the examiner’s position and to the Brief (Paper No.             
            29) for appellants’ position with respect to the claims which stand rejected.                     


                                                  OPINION                                                     
                   Bresalier uses the term “transcoding,” as the examiner notes, to include                   
            processes such as encoding, decoding, error detection, and error correction.  See                 
            Bresalier col. 1, ll. 16-24; col. 4, ll. 51-57.  The rejection relies on Suzuki, at least for     
            purposes of the instant independent claims, solely for the teaching of adding error               
            control information to transmitted data.                                                          
                   Appellants argue that an examiner’s finding with respect to Bresalier is in error.         
            In appellants’ view, Bresalier does not teach selecting a transcoding technique and an            
            error control scheme to format the data based on the data type, as required in                    
            substance by all the claims on appeal.  In the examiner’s reading of the reference,               
            Bresalier teaches that each of a variety of different data types requires a different             
            transcoding technique, relying on column 4, lines 48 through 52 of the reference.                 
            (Answer at 3.)  Elsewhere in the Answer (at 8), the examiner contends that Bresalier              
            “inherently” discloses selecting the transcoding and error control scheme based on the            
            determined type of data.                                                                          
                   We find that Bresalier discloses:                                                          


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