Ex parte FOSTER et al. - Page 9




          Appeal No. 1997-3426                                                        
          Application 08/373,052                                                      

          processor cannot assume control of the signal lines of the                  
          other processor.  As for the Examiner's reliance on the                     
          transfer switch 16 as the "other circuitry," we fail to see                 
          how the switch 16 assumes control over signal lines of the                  
          processors 10 and 12.  The transfer switch 16 merely performs               
          a switching function.  The Examiner offers no explanation                   
          beyond pointing to element 16.  We find that Underwood does                 
          not teach or suggest the limitation that "at least one                      
          received packet causes a portion of the other circuitry to                  
          assume control of at least some of the data processor signal                
          lines for executing a function specified by the packet"                     
          (claim 12) or "assuming control over at least some of the data              
          processor signal lines and reading data from a memory location              
          that is accessible to the data processor" (claim 28).                       
          Therefore, we do not need to reach the issue of motivation.                 
               For the reasons stated above, we conclude that the                     
          Examiner has failed to establish a prima facie case of                      
          obviousness with respect to independent claims 12 and 28.                   
          Awiszio does not cure the deficiencies of Lamport, Douglas,                 
          and Underwood.  The rejections of independent claims 12 and 28              
          and dependent claims 13-27, 29, and 30 are reversed.                        

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