Ex Parte DAVIS et al - Page 15



          Appeal No. 1999-1697                                                        
          Application No. 08/550,270                                Page 15           

               We turn next to the rejection of claims 3, 4, 7, 8, 12, 15,            
          16, 19, 20, and 24 under 35 U.S.C. § 103(a) as unpatentable over            
          Hartley and Blackwell in view of Erhard.  At the outset, we                 
          reverse the rejections of claims 7, 8, 12, 19, 20, and 24 which             
          depend from independent claims 5, 10, 17, and 22 because Erhard             
          does not make up for the deficiencies of Blackwell and Hartley.             
          Turning to claims 3, 4, 15, and 16, the examiner takes the                  
          position that Hartley and Blackwell do not disclose an ethernet             
          transceiver.  To overcome this deficiency in Hartley and                    
          Blackwell, the examiner turns to Erhard (answer, page 8) for a              
          teaching that "it would be desirable to provide an interface to             
          ethernet, and this involves a transceiving means (for example,              
          I/O adapter 48)."  The examiner's rationale (answer, page 9) is             
          to improve redundancy and reliability.  Appellants (brief, page             
          22) argue that an artisan having "the knowledge of reliability              
          through redundancy would not pursue the path of integrated                  
          functions in a single DSP as is required by the claims."                    
          Appellants add that the claims require an ethernet transceiver,             
          and that this aids worker mobility.                                         
               We find that Blackwell discloses downloading data files from           
          and transmitting documents to various networks (col. 1, lines 45            
          and 46).  Erhard discloses that computer systems communicate with           






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