Appeal No. 2004-2227
Application No. 09/726,868
this reference.
In the rejection of claims 13-17 and 32-34 under 35 U.S.C. § 103, the
examiner only relies upon Bodnar to provide further specific details of a
data transferring unit that is only conceptualized in Burns as alleged by the
examiner such as at page 11 of the answer. Appellants’ response to this
rejection initially at page 12 of the principal brief on appeal does not allege
that Burns and Bodnar are not properly combinable within 35 U.S.C. § 103.
On the other hand, as stated there, we agree with the conclusion that
even if they were properly combinable within 35 U.S.C. § 103, the same
features otherwise argued that are recited in independent claims 13 and 32
in this rejection that the storing operation of the first and second delta
difference data must occur at the same point in time or simultaneously is
not met. Bodnar does not make up for the already stated deficiencies of
Burns in this respect.
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