Ex parte MAESHIMA et al. - Page 6




          Appeal No. 1997-0214                                                        
          Application 08/155,560                                                      


          with the operation of Figure 9 and its corresponding figure                 
          10(a) and 10(b) in association with the discussion beginning                
          at column 10 through column 14 in the embodiment associated                 
          with Figure 1 of this reference.  The output of the OR gate                 
          shown in Figure 9 clearly is a single output signal feeding                 
          the control unit in that figure.  Thus, it is apparent that                 
          the claimed exchange signal forming means, which is disclosed               
          as control unit 74 in Figure 5 of the disclosed invention, is               
          identically disclosed in a similar control unit in Figure 9 of              
          Fukuchi.  Therefore, there is taught in this reference                      
          equivalent structure performing identical functions as claimed              
          in representative claim 1 on appeal.                                        
               As to dependent claim 2, this rejection as well is                     
          sustained.  Appellants' arguments at pages 9 and 10 of the                  
          brief rely for patentability upon the alleged deficiencies of               
          Fukuchi, which we have found is not deficient.  Similarly,                  
          there is no need for Blitzer to remedy an omission as to                    
          Fukuchi.  Finally, appellants have not asserted any position                
          that the examiner's position as to the combinability of and                 
          what Blitzer teaches are in error.                                          


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