Ex parte NAKAI - Page 8




              Appeal No. 96-3368                                                                Page 8                 
              Application No. 07/735,020                                                                               


                     request is determined to be executable, and making access to the remote-                          
                     station memory or transmitting a request to one of said network nodes in                          
                     accordance with the non-OSI-based definition.                                                     
              Here, the Examiner has not addressed the specific language of claim 1, but merely                        
              addressed general propositions which may or may not correspond to the claimed invention                  
              when taken as a whole.  The Examiner characterizes the “nodes” as “merely switches in                    
              the communications network” and cites to the specification at page 4, lines 13-25.   (See                
              answer at page 8.)   This specific passage does not describe the nodes as merely                         
              switches, but discusses the “network node is made up of communications ‘equipment’                       
              which are the objects of network management and will be referred to as such in the                       
              following description in so far as managed objects are concerned.”  Clearly the Examiner                 
              has oversimplified the “node” and the associated communication therewith.  Furthermore,                  
              appellant asserts that "[i]n the present invention, the same message is not retransmitted.”              
              (See reply brief at page 1.)  The Examiner continues to discuss retransmission in the                    
              supplemental Examiner's Answer at page 3, but this line of reasoning is not on point with                
              respect to the transmission as discussed above.                                                          
                     Claim 5 contains similar machine/structural limitations which have not been                       
              addressed by the Examiner.  Similarly, the controller in claim 5 contains limitations                    
              concerning determining if the “request is concerned with attributes stored in the remote                 











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