Ex parte BARE - Page 10




          Appeal No. 1997-1194                                                        
          Application No. 08/084,668                                                  


          message, converts the called party number and retrieves the                 
          least cost routing data to select a particular ISDN trunk                   
          circuit.                                                                    
               With regard to Shinohara’s use of “virtual” circuits, we               
          agree with the Examiner that the disclosure at column 6, line               
          31 to column 9, line 22 of Shinohara describes a plurality of               
          virtual circuits and selection means as claimed even though                 
          the term “virtual” is not mentioned by Shinohara.  We note                  
          that Appellant’s specification at page 4, line 13 defines a                 
          virtual circuit as follows:                                                 
                    Virtual circuits are circuits which represent                     
                    routes which are not always connected.                            
          In our view, the disclosure of Shinohara which describes the                
          assigning of various circuits to routers with the selected                  
          circuits using telephone connections for packet transmission                
          would clearly meet the above definition.                                    
          In view of the above discussion, it is our opinion that                     
          the Examiner’s prima facie case of obviousness remains                      
          unrebutted by any convincing arguments offered by Appellant                 
          and, accordingly, the obviousness rejection of independent                  
          claims 1, 6, and 13 is sustained.  The rejection of dependent               

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