Appeal No. 1998-3380
Application 08/542,591
does not cure the noted problem of improper hindsight
reconstruction.
Claims 2-5, and 16-19
We discuss the other three groupings together because
they again all involve the issue of impropriety of the
modification of Crowder by Kogure and Seigel with respect to
claims 2-5, and
16-19. As to claims 2-5 and 16-19, Appellants argue the
impropriety of combining Crowder, Seigel and Kogure, see pages
9-14 of the brief. With respect to these claims, the
combination of Kogure and Seigel is necessary for the argued
limitations of each claim. Id. For example, the combination
is needed for the claimed "modem coupled between the processor
and the MAU" (claim 2 or 16). However, we find that none of
these references has a suggestion for the combination proposed
by the Examiner. Crowder is an apparatus for monitoring,
detecting and analyzing of signal errors on an electronic
communications network. Kogure does show a probe, such as 10
in Figure 2, which can be used to measure variables on a
Fieldbus. However, there is no suggestion or reason to
combine Kogure with Crowder. Furthermore, Seigel is directed
-9-
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