Ex Parte Das et al - Page 7


                Appeal 2007-0843                                                                             
                Application 09/725,393                                                                       
                different size encoder sub-packets wherein the original encoder packet may                   
                be derived from each of the encoder sub-packets (Specification, p. 6, ll. 18-                
                20).  Therefore, we find Appellants are reading limitations into the claims                  
                (i.e., that “puncturing” requires dropping bits). We conclude the scope of the               
                recited “puncturing” limitation broadly but reasonably encompasses                           
                Bruckman’s input packets that are broken up or fragmented (i.e., punctured)                  
                into multiple fragments or subpackets (see Bruckman, ¶ 0026).                                
                      Thus, we find the argued limitations 2 broadly but reasonably                          
                encompass Bruckman’s teaching that an input packet exceeding a                               
                determined fragment size triggers the operation of “fragmenter 28” that                      
                divides the packet into multiple fragments where the fragment size is based                  
                on the variable rate of transmission (¶ 0026).  In particular, we agree with                 
                the Examiner’s observation that Bruckman’s output fragments (i.e., sub-                      
                packets) are based entirely on the size of the input packet when the input                   
                packet does not exceed the determined fragment size.  We note that                           
                Bruckman also teaches the size of the fragments is based on the variable rate                
                of transmission over the data channel (¶ 0026).  Therefore, we agree with the                
                Examiner that Bruckman teaches and/or suggests: “puncturing and/or                           
                repeating the channel coded encoder packet to produce a first encoder sub-                   
                packet having a first size based on a size of the encoder packet and a first                 
                data transmission rate at which the first encoder sub-packet is to be                        
                transmitted” (claim 1).                                                                      
                                                                                                            
                2  “puncturing and/or repeating the channel coded encoder packet to                          
                produce a first encoder sub-packet having a first size based on a size of the                
                encoder packet and a first data transmission rate at which the first encoder                 
                sub-packet is to be transmitted” (claim 1).                                                  

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