Appeal No. 2005-1882
Application No. 09/989,244
occurs at the receiving side is misplaced at best. The Examiner has failed to show how either
Kitao or Fong alone or in combination teaches the claimed relationship of the code data and
control signals on transmitting side of the system with the code data also being transmitted. The
Examiner has failed to meet the initial burden of establishing a prima facie case of obviousness.
Therefore, we will not sustain the Examiner’s rejection under 35 U.S.C. § 103.
Conclusion
In view of the foregoing discussion, we have not sustained the rejection under
35 U.S.C. § 103 of claims 1-5, 7, and 8.
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