Ex parte CASEY et al. - Page 8




          Appeal No. 1997-2865                                                        
          Application 08/113,789                                                      



          the connection is then made between the CACU and the processor              
          in a conventional manner that processor to control unit                     
          connections are made on a conventional data processing system.              
          Fox further discloses in column 17, lines 4 through 12, that                
          once the processor is connected, it transmits its commands                  
          and/or data to the CACU, and they are performed or transmitted              
          by the CACU to its addressed outboard                                       


          units.  When the processor stops the transmission or                        
          interrupts its transmission beyond the predetermined time                   
          period, the connection is broken and the CACU becomes non-busy              
          and thereby  is selectable by any processor which thereafter                
          issues an SIO instruction for the CACU.                                     
                    Therefore, we find that neither White nor Fox                     
          teaches or suggests "communicating by the control console to                
          each selected CPC a request to perform the associated common                
          operational control function" as recited in Appellants' claim               
          1.                                                                          
                    We are not inclined to dispense with proof by                     
          evidence when the proposition at issue is not supported by a                

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