Ex Parte GIERS - Page 3




              Appeal No. 2002-1187                                                                                        
              Application No. 09/403,115                                                                                  


                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Smith et al. (Smith ‘347)           4,967,347                           Oct. 30, 1990                       
              Mutone                              5,086,499                           Feb. 04, 1992                       
              Giers (Giers ‘082)                  DE   43 41 082                      Jun.  08, 1995                      
              Giers (Giers ‘434)                  DE 195 29 434                       Feb. 13, 1997                       
              Smith, S.E., “Triple Redundant Fault Tolerance: A Hardware Implemented Approach,”                           
              ISA Transactions, Vol. 30, Number 4, pages 87-95, 1991. (Smith article)                                     
                     Claims 10-25 stand rejected under 35 U.S.C. § 103 as being unpatentable over                         
              Giers (‘434 or ‘082) in view of (Smith ‘347 or Mutone or Smith article).                                    
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              appellant regarding the above-noted rejections, we make reference to the examiner's                         
              answer (Paper No. 17, mailed Dec. 28, 2001) for the examiner's reasoning in support of                      
              the rejections, and to appellant's brief (Paper No. 16, filed Nov. 5, 2001) for appellant's                 
              arguments thereagainst.                                                                                     
                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              appellant's specification and claims, to the applied prior art references, and to the                       
              respective positions articulated by appellant and the examiner.  As a consequence of                        
              our review, we make the determinations which follow.                                                        




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