Ex parte HOUTCHENS - Page 8




          Appeal No. 1997-4217                                                        
          Application No. 08/307,178                                                  


                                      ANALYSIS                                        
               We have reviewed Appellant’s arguments [brief, pages 3 to              
          10 and reply brief, pages 1 to 9] and the Examiner’s position               
          [answer, pages 2 to 9 and supplemental answer, pages 1 to 4]                
          and                                                                         
          find that the suggested combination of Judd and Catlin does                 
          not meet the claimed method step to “back up said first                     
          simulator to said verified simulation time” (claim 1).  The                 
          Examiner alleges at various places [answer, page 3 and                      
          supplemental answer, page 2] that “Judd disclosure would                    
          obviously imply the claimed back-up simulation process” [id.                
          at 3] and that “Judd simulation system could be capable of                  
          backing up the other simulators in case of output state change              
          . . .” [id. at 2].  However, we agree with Appellant that                   
          “[n]owhere does the undersigned attorney find anything in the               
          cited portions of Judd to support the ‘backup’ phrase in the                
          above recited sentence in the Examiner’s Answer” [reply brief,              
          page 6].  In fact, we also note, as does Appellant [brief,                  
          pages 4 to 5], that in Judd “[p]art of the centralized and                  
          local synchronization managers’ task is to ensure that the                  
          simulated system continually moves forward in time and never                
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