Ex Parte DUPUY et al - Page 6


              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.                                   











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