Appeal No. 2007-0329 Application No. 08/498,749 receiving element is “alerted” early in each transmission packet that an uncorrectable error occurred during the transmission. Page 4 of the Reply Brief makes reference to the Examiner’s repeated use in the Answer of the absence of any argued unexpected results in Appellants’ positions. Appellants are correct in indicating that this requirement is only levied upon Appellants when the Examiner has established a prima facie case of obviousness. Appellants do not present any arguments to us if in fact the Examiner has presented a prima facie case of obviousness, which we have so found. The Examiner’s basic conclusion of the obviousness of the subject matter on appeal based upon the Admitted Prior Art and Wasilewski according to the Examiner’s stated rejection that, based upon the applied prior art, it clearly would have been obvious to have modified the Admitted Prior Art alone within its own teachings as well as within the teachings of Wasilewski to have moved the control field closer to the head of the frame so that a bad frame can be detected faster or otherwise earlier in the data flow, is correct. In view of the foregoing, the decision of the Examiner rejecting all claims on appeal under 35 U.S.C. § 103 is affirmed. 6Page: Previous 1 2 3 4 5 6 7 Next
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