Ex Parte DUPUY et al - Page 2


              Appeal No. 2007-0329                                                                  
              Application No. 08/498,749                                                            
              through 29, 32 through 34, 37 through 39, 42 through 45, 48 through 51, and           
              54.  An Oral Hearing occurred in this appeal on February 8, 2007.                     
                    Representative independent claim 22 is reproduced below:                        
                    22. A transmitter in a mobile radio network for producing a                     
              transmission frame comprising an information area in the form of at least             
              one data field and at least one control field, said at least one control field        
              including substantially at the start of said information area a subfield              
              representative of the validity of data transmitted in said at least one data          
              field, said transmitter including means for multiplexing said at least one data       
              field and said at least one control field adapted to multiplex said subfield          
              substantially at the start of said information area, said transmission frame          
              corresponding to an uplink frame transmitted from a base transceiver station          
              to a transcoder rate adaptation unit in a cellular mobile radio network.              
                    The following references are relied on by the Examiner:                         
              Wasilewski   US 5,457,701  Oct. 10, 1995                                              
                                                       (filed Jan. 6, 1994)                         
              Appellants’ Admitted Prior Art                                                        
                    The earlier-noted claims on appeal all stand rejected under 35 U.S.C.           
              § 103.  As evidence of obviousness, the Examiner relies upon Appellants’              
              Admitted Prior Art in view of Wasilewski.                                             
                    Rather than repeat the positions of the Appellants and the Examiner,            
              reference is made to the Brief and Reply Brief for Appellants’ positions, and         
              to the Answer for the Examiner’s positions.                                           
                                             OPINION                                                
                    For the reasons set forth by the Examiner in the Answer, as expanded            
              upon and modified here, we sustain the rejection of all claims on appeal              
              under 35 U.S.C. § 103.  Among independent claims 22, 27, 32, 37, 43, and              
              49, Appellants appear to present arguments only as to independent claim 22            
              as representative of all claims on appeal.                                            

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