Ex Parte MURTHY et al - Page 7



          Appeal No. 2000-2282                                                        
          Application 08/713,046                                                      

          station (ports 0,1,2,3, or 5 in Figure 1) on a network segment              
          (2).  Since the claim language employs an “or”, step (b) is met             
          when “one” first transmission of the packet to a network segment            
          in order to deliver the packet to the packet destination is made.           
          A typical Bosack gateway circuit (76), shown in Bosack’s Figure             
          3, makes at least a first transmission of the packet in order to            
          deliver the packet to its destination station (for example 110).            
          We find that Bosack teaches the limitation of “conducting one or            
          more first transmissions of the packet to one or more of the                
          network segments in order to deliver the packet to the packet               
          destination.”                                                               
               Step (c) of Claim 25 recites:                                          
               conducting a second transmission of the packet to a network            
               segment comprising the network monitor, wherein said second            
               transmission is separate from said one or more first                   
               transmissions.                                                         
          Step (c) requires conducting a separate transmission of the                 
          packet to a network segment (2) comprising the network monitor              
          (9).  Bosack’s specification discloses on column 8, lines 46-53,            
          in reference to Bosack’s Figure 4, that Step E computes the path            
          of the packet and if more than one path is acceptable, multiple             
          transmissions are made using several such paths in a weighted               
          form of a round robin alternation.  A first of such multiple                

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