IPCOM loses at the Board

IPCOM lost is appeal to the Board as to re-examination 95/001,212 .

From the decision:

ETSI discloses that the “SNDCP entity” is within the Subnetwork Dependent Convergence Protocol (SNDCP) layer in a GPRS protocol stack (see, e.g., p. 9, Section 4, ll. 1-2, Fig. 1; p. 11, Fig. 3). Appellant has not demonstrated a difference between the SNDCP layer of ETSI and the “convergence protocol layer” as recited in claim 1. Nor has Appellant demonstrated that the “SNDCP entity” of ETSI is not associated with (or “of”) the SNDCP layer. As such, Appellant has not demonstrated that the “SNDCP layer” of ETSI is not “of a first convergence protocol layer of a first wireless station” as recited in claim 1

Bottom line:

We affirm the Examiner’s decision to reject claims 1-42 under 35 U.S.C. § 102(a) as anticipated by ETSI.