Ex Parte BREWER - Page 5




              Appeal No. 2001-0530                                                                                       
              Application No. 08/828,484                                                                                 


              in at least two different modes.  (See brief at page 6.)  Appellant argues that claim 1                    
              requires that the gateway computer is capable of acting as a host computer.                                
              Appellant argues that the gateway computer is (1) capable of communicating directly                        
              with a host computer on one of the networks and blocking transmission to the other                         
              network; (2) controlling communication between the two networks; and (3) operating                         
              on the data at the gateway computer itself.  (See brief at page 6.)  We agree with                         
              appellant, and find no clear teaching or suggestion in Okanoue that the “gateway node”                     
              is a host computer.  We note that appellant has repeatedly argued this point in the brief,                 
              but the examiner has never directly addressed this argument. We note that the rejection                    
              has been drafted using the term “gateway computer” throughout, but we find no support                      
              that the “gateway node” is a host computer.  The examiner cites to column 4 and                            
              Figures 2, 9(b) and 10(b) to teach a gateway computer at page 3 of the answer and to                       
              columns 6 and 2 for determining whether the data packet is addressed to the gateway                        
              computer and communicating between the source host and the gateway computer.2                              
              From our review of the cited passages and the remainder of the teachings of Okanoue,                       
              we find no clear teaching or suggestion that the gateway node is a host computer.   The                    
              examiner appears to accept this as a given, but we find no support for the examiner’s                      


                     2  We note that the language of independent claims 1 and 17 recite multiple “determining” steps or  
              functions and ultimately recite “responsive to a positive determination, communicating between said        
              source host and said gateway computer.”  Here, we interpret this ultimate limitation to refer to the       
              immediate prior step of “determining at said gateway computer whether said data packet is addressed to     
              said gateway computer.”                                                                                    
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