Ex Parte Chung et al - Page 2


                  Appeal No. 2006-0439                                                                                         
                  Application 09/765,754                                                                                       


                         separating the stream of information bits into a plurality of different portions;                    
                          associating each of the portions of the information bits with one of a plurality                     
                  of levels;                                                                                                   
                          applying at least one code to the portion of the information bits of each level in                   
                  a designated subset of the plurality of levels such that the portions of the information                     
                  bits for one or more levels in the designated subset are coded while the portions of the                     
                  information bits for one or more levels not in the designated subset are uncoded; and                        
                          utilizing both the coded portions of the information bits and the uncoded                            
                  portions of the information bits to select modulation symbols for transmission in the                        
                  system;                                                                                                      
                          wherein the stream of information bits comprises at least one frame of                               
                  information bits separated into a plurality of different classes of bits, each class of bits                 
                  comprising a plurality of contiguous bits of the frame, and wherein each of the                              
                  portions of the stream of information bits comprises a corresponding one of the                              
                  different classes of bits within the at least one frame, and wherein the at least one code                   
                  is selected so as to provide different amounts of error protection for at least a subset of                  
                  the different classes of bits.                                                                               
                          The following references are relied on by the examiner:                                              
                          Fazel et al. (Fazel)                5,323,424             Jun. 21, 1994                             
                          Chouly et al. (Chouly)               5,416,801             May 16, 1995                              
                          Cloonan                             5,566,193             Oct. 15, 1996                             
                          Klayman et al. (Klayman)             5,841,378             Nov. 24, 1998                             
                          Herzberg                            5,970,098             Oct. 19, 1999                             
                          Claims 1 through 4, 6 through 8, 17, 19, 23 and 25 stand rejected under 35                           
                  U.S.C. § 102(b) as being anticipated by Fazel.  All remaining claims on appeal stand                         
                  rejection under 35 U.S.C. § 103.  As evidence of obviousness as to claim 9 through 13                        
                  and 20 through 22, the examiner relies upon Fazel only, to which the examiner has                            
                  added Herzberg and Clayman as to claims 5 and 15, separately added Cloonan as to                             
                  claim 14, and separately added Chouly as to claim 24.                                                        




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