Ex parte NAKAI - Page 7




                     Appeal No. 96-3368                                                                                                             Page 7                              
                     Application No. 07/735,020                                                                                                                                         


                     claim 1.  Appellant argues that the Examiner was requested to “specifically” identify the                                                                          
                     elements in Foster which correspond to the claim limitations.  (See brief at page 7,                                                                               
                     referencing paper No. 11.)  Appellant further argues that “one can only speculate as to how                                                                        
                     the Examiner believes that Foster discloses or makes obvious these elements of claim 1.”                                                                           
                     (See brief at page 7.)  We agree with appellant.                                                                                                                   
                                Again, the Examiner generally asserts that Foster teaches all of the elements                                                                           
                     except that                                                                                                                                                        
                                Foster did not specifically teach a remote management station retransmitting a                                                                          
                                request from the central station to another remote management station. However,                                                                         
                                the capability to provide such retransmission is inherent/self-evident in Foster's                                                                      
                                system which uses powerful workstations and the LOOPS programming language,                                                                             
                                and one of ordinary skill in the DP art would be motivated to implement such a                                                                          
                                system modification (such as chaining remote management stations or clustering                                                                          
                                them around one communications server) when communication costs outweighed in                                                                           
                                importance the need for immediate communication.   [See answer at pages 3-4.]                                                                           
                     Here,  the Examiner has merely asserted that the capability exists in the system of Foster,                                                                        
                     but not provided a motivation to include such a feature into the system.  Furthermore, the                                                                         
                     Examiner argues that the system of Foster could provide for the “retransmission” of a                                                                              
                     request from a central station from one remote station to another remote station, but the                                                                          
                     claim recites:                                                                                                                                                     
                                           each of the remote management stations comprising:                                                                                           
                                                                                           .                                                                                            
                                           control means responsive to the request from the central                                                                                     
                                management station for making a search through the stored OSI-based                                                                                     
                                definitions to determine the executability of said request, reading a non-OSI-                                                                          
                                based definition from said non-OSI-based definitions storage means if said                                                                              








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