Ex Parte DAMIEN - Page 7



          Appeal No. 2000-0330                                       Page 7           
          Application No. 08/684,871                                                  

          respectively, are compared.”  (Spec. at 5.)  In describing a                
          second method for determining a shift, it further discloses that            
          “the information fields of these [OAM] cells are compared.”  (Id.           
          at 7.)  We are persuaded that one skilled in the art would                  
          understand that the limitations, when read in light of the                  
          specification, require different types of cells, including data             
          cells and OAM cells, and comparing cells of the same type to each           
          other.  Therefore, we reverse the rejection of claims 18-37 as              
          indefinite.  We proceed to the anticipation and obviousness                 
          rejections.                                                                 

                     II. Anticipation and Obviousness Rejection                       
               Rather than reiterate the positions of the examiner or                 
          appellant in toto, we address the main point of contention                  
          therebetween.  The examiner asserts, "the message cells in a                
          slower path are determined to be delayed if the calculated                  
          difference of receiving cells in two paths is larger than the               
          threshold."  (Examiner's Answer at 9.)  The appellant argues,               










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