Ex Parte Chang et al - Page 9

               Appeal 2007-1267                                                                             
               Application 09-967617                                                                        

                      Claim 2 falls with claim 1.  (Br. 7).                                                 
                      Claim 3 requires that satellites of the communication infrastructure                  
               comprise satellites from two constellations.  Appellants argue that this                     
               limitation is not shown in Sklar. (Br. 14).  Appellants acknowledge                          
               Examiner’s observation that Sklar mentions different constellations of                       
               satellites.  (Reply Br. 2.)  However, Appellants argue that the satellites may               
               be from only one constellation.  We find the mention of the satellites of                    
               different constellations in Sklar (see especially Column 13, middle)                         
               sufficient to anticipate the claim as multiple satellites are used in Sklar                  
               without limitation concerning the respective constellation of the satellites.                
                      Claim 4 falls with claim 1.  (Br. 7).                                                 
                      Claim 18 presents the same arguments as Claim 1, which we found                       
               anticipated by Sklar.  (Br. 8).                                                              
                      Claim 19 requires a second plurality of datagrams, a second plurality                 
               of dynamic communication links, and reassembling the second plurality of                     
               datagrams into the communication at the user terminal.  Examiner in his                      
               Answer presents the two pluralities of datagrams and communication links                     
               (Answer 14-15) based on the two signal sources in Sklar.  We do not find                     
               error in his application of the art.                                                         
                      Claim 20 requires the plurality of dynamic links, multiple datagrams,                 
               and a choice of two devices of the infrastructure from those listed.                         
               Considering the remarks above with respect to claims 1 and 3, we do not                      
               find error in the rejection of this claim.                                                   




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