Ex Parte DUPUY et al - Page 4


              Appeal No. 2007-0329                                                                  
              Application No. 08/498,749                                                            
              6 of the Answer.  In view of our analysis in our foregoing paragraph, we do           
              not agree with the Examiner’s statement at page 8 of the Answer that the              
              Admitted Prior Art does not show locating at least one control field                  
              substantially at the start of the information area.  When taken in proper             
              context, the discussion at the middle of page 3 of the Specification as filed is      
              consistent with prior art ETSI Recommendation GSM-08.60 relating to                   
              European Digital Cellular Telecommunications standard information in                  
              1993.                                                                                 
                    Moreover, the discussion at the bottom of page 4 of the Specification           
              as filed relating to the operation of prior art Figure 1 indicates that the time      
              of a change of a cell or internal handover in response to a mobile station            
              crossing imaginary boundary lines B in this figure between two cells may              
              generate a bad frame indication bit C12, the location of which was said to be         
              less than optimal and leads to the risk of incorrect interpretation of the data       
              bits by the TRAU 1 of Figure 1.  This analysis is further expanded at the             
              middle of page 5 of the Specification as filed continuing its discussion              
              relative to the Admitted Prior Art for situations if a handover between cells         
              occurs after the synchronization pattern MST and before bit C12, it was               
              known that there was a high probability that a bit of the second frame                
              transmitted by the target BTS would have incorrectly indicated that the               
              frame is good whereas in fact it was a bad frame.  Therefore, it appears from         
              the prior art alone that it would have been obvious to have located the               
              claimed at least one control field much earlier in the frame than bit position        
              C12 was indicated in the prior art approach in order to minimize the risk of          
              incorrect interpretation of data bits by the TRAU and to therefore decrease           
              the probability that a frame is in fact bad when it is received as good.              

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