Ex Parte Sincaglia et al - Page 7

                Appeal 2007-0244                                                                              
                Application 09/777,500                                                                        
                argument is not persuasive, and we will sustain the rejection of claims 9, 33,                
                and 45.                                                                                       
                      With respect to dependent claim 10, the Examiner additionally argues                    
                in the Reply Brief at pages 7-8 that compressed data would not be                             
                transmitted more quickly and in many cases would be transmitted more                          
                slowly.  We find no support for Appellants’ assertion and do not find the                     
                unsupported argument persuasive.                                                              
                      Appellants additionally argue that the dependent claims grouped with                    
                claim 10 incorporate additional limitations not taught by claims 9, 33, or 45                 
                or by the cited references (Reply Br. 8).   We find no relevance of a                         
                comparison of dependent claims to the independent claims with respect to a                    
                comparison of the prior art.  Therefore, Appellants' argument is not                          
                persuasive.                                                                                   
                      Appellants argue that Appellants have been unable to locate that the                    
                meta data contains the address of the media server and designating the media                  
                servers as primary and secondary based upon communication network                             
                criteria (Reply Br. 8).  We find communications would implicitly involve                      
                addresses, as discussed above with Chen and Jones, and additionally find                      
                that Hazra would have addressed primary and secondary sources, discussed                      
                in column 5.  Additionally Chen discloses reduction of bottlenecks,                           
                designation of at least one media server, and coordination of media server                    
                (Chen, col. 1-2).  Therefore, Appellants' argument is not persuasive, and we                  
                will sustain the rejection of claim 10 and those grouped therewith.                           



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