Ex Parte Schlossman et al - Page 6




                Appeal No. 2006-0862                                                                                                           
                Application No. 10/039,928                                                                                                     

                coupled service pin 304 and which provides node operational status information to the                                          
                node configuration controller 310.  We fail to see why this status information, such as                                        
                node malfunction, unconfigured status, no application loaded (Dolin, column 13, lines                                          
                27-30), would not be considered “operational details” of the communication system as                                           
                broadly claimed by Appellants.                                                                                                 
                         In view of the above discussion and considering the entirety of the Dolin                                             
                reference, since all of the claimed limitations are present in the disclosure of Dolin, the                                    
                Examiner’s 35 U.S.C. § 102(e) rejection of independent claim 1, as well claims 2, 3, 6,                                        
                and 7 not separately argued by Appellants, is sustained.                                                                       
                         We also sustain the Examiner’s 35 U.S.C. § 103(a) rejection of dependent claims                                       
                4 and 5, directed to a sample message feature, based on the combination of Dolin and                                           
                Lucas.  Appellants have not separately argued the limitations in these claims and                                              
                instead have relied on arguments made with respect to independent claim 1, which                                               
                arguments we found to be unpersuasive for all of the reasons discussed supra.                                                  
                In summary, we have sustained the Examiner’s 35 U.S.C. § 102(e) rejection of claims                                            
                1-3, 6, and 7, as well as the 35 U.S.C. § 103(a) rejection of claims 4 and 5.  Therefore,                                      
                the decision of the Examiner rejecting claims 1-7 is affirmed.                                                                 
                         No time period for taking any subsequent action in                                                                    
                connection with this appeal may be extended under 37 CFR § 1.136(a)(1)(iv)(effective                                           
                September 13, 2004).                                                                                                           


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