Ex parte MULLEN - Page 5




               Appeal No. 1997-2987                                                                                                 
               Application No. 08/190,389                                                                                           


                       Accordingly, we will not sustain the rejection of claims 1 through 27, 29 and 30 under 35                    

               U.S.C. § 103.                                                                                                        

                       We will, however, sustain the rejection of claim 28 under 35 U.S.C. § 103.                                   

                       The difference between Cornwell and the subject matter of claim 28, undisputed by appellant,                 

               is that the latter requires a SECS protocol converter wherein data transmitted in a first SECS protocol              

               is converted into data corresponding to a second SECS protocol.                                                      

                       The examiner relies on Walsh to show that SECS interfaces were well known and concludes                      

               that it would have been obvious to employ Walsh’s SECS interface in Cornwell “because this would                     

               allow for optimal interfacing” [answer-page 8].                                                                      

                       It is true that we have no evidence, in Cornwell, of a SECS protocol converter as explicitly set             

               forth in claim 28.  It is also true that SECS interfaces were well known in the art [page 8 of the instant           

               specification and Walsh].  Appellant argues [principal brief-page 15] that none of the references                    

               disclose a protocol conversion between units with different SECS protocols, as recited in claim 28.  On              

               balance, we find for the examiner since Cornwell does                                                                

               disclose a protocol conversion (using MAP/ MMS protocols) and it would have appeared obvious to                      

               the artisan to employ other, known protocol interfaces, such as SECS, depending on the circumstances                 

               requiring such protocol.  While appellant argues that the references do not teach protocol conversion                


               dependent claims cannot save the rejection.  Similarly, Walsh, added to Cornwell with regard to dependent claims 21  
               and 30 does not remedy the deficiency of Cornwell.                                                                   
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