Appeal No. 97-2723
Application 08/320,091
USPQ2d 1443, 1444 (Fed. Cir. 1992).
Claims 2-5 have been rejected under Section 103 as
unpatentable over Dummermuth taken alone . Although the 3
examiner admits that there are several features of independent
claim 5 which are not explicitly disclosed in Dummermuth, the
examiner asserts that the missing features “must be included”
in the processing module of Dummermuth [answer, page 3]. The
examiner also asserts that it would have been obvious to
duplicate the parts of Dummermuth.
Appellants argue that Dummermuth fails to disclose or
suggest the redundancy of the elements as recited in the
claims as well as the interaction between the processing
modules of
the redundant systems whereby the processing modules perform
synchronization for each other [brief, page 5]. We agree with
appellants.
Dummermuth is clearly not a redundant system where
3Claims 6 and 7 were also rejected on this basis in the
final rejection but have not been included in the statement of
the rejection in the answer.
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