Appeal No. 2001-2291 Page 8
Application No. 08/743,049
to be that this function of the state machine in the MIIs is to
monitor the carrier activity on the input channels. We agree
with the examiner that the state machines within the MIIs of Liu
constitute carrier integrity monitors within the MIIs for
purposes of meeting the broad language of claim 14. Appellants
have failed to address the teachings of Liu with respect to these
state machines.
In summary, we have sustained the examiner’s rejection with
respect to claim 14, but we have not sustained the rejection with
respect to claim 1. Therefore, the decision of the examiner
rejecting claims 1 and 14 is affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
)
Errol A. Krass )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Jerry Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Michael R. Fleming )
Administrative Patent Judge )
JS/eld
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