Ex Parte MITTS et al - Page 11




              Appeal No. 2002-1306                                                                                       
              Application No. 08/993,321                                                                                 


                     We will sustain the rejection of claim 11 under 35 U.S.C. § 103 since this claim                    
              merely recites that a “predetermined tree topology” is used in the routing and that it is                  
              chosen at the beginning of the routing procedure.  Clearly, there is a routing procedure                   
              in Katzela and this routing employs a “predetermined tree topology.”  For example, the                     
              abstract of Katzela even indicates “a routing protocol for determining preestablished                      
              VPI trees rooted at each destination node.”                                                                
                     We will not sustain the rejection of claim 12 under 35 U.S.C. § 103 because, like                   
              claim 4 supra, we find nothing in the applied references suggestive of the claimed                         
              choice based on “as to which tree topology’s centre point is located nearest to the                        
              switch from which the routing starts.”                                                                     
                     We will sustain the rejection of claim 13 under 35 U.S.C. § 103 because, like                       
              claim 7 supra, it is clear that Katzela’s telecommunications network utilizes a Private                    
              Network-Network Interface (PNNI) protocol.  See column 4, lines 43-44, of Katzela.                         
                     Since we have sustained the rejection of claims 1, 3, 6, 7, 10, 11 and 13, but                      
              have not sustained the rejection of claims 4, 5, 8 and 12, the examiner’s decision                         
              rejecting claims 1, 3-8 and 10-13 under 35 U.S.C. § 103 is affirmed-in-part.                               








                                                           11                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007