Ex Parte Reinold et al - Page 7


                Appeal 2006-0342                                                                                 
                Application 09/944,893                                                                           
                (Pogue, col. 2, ll. 10-21).                                                                      
                       In particular, we note Pogue discloses at least one embodiment where                      
                “intelligent nodes” are implemented with a microprocessor (see e.g., col. 11,                    
                ll. 43-44, “the controller 74 is typically the node microprocessor that                          
                controls the node,” see also col. 27, ll. 55-57).  Pogue further discloses the                   
                processing of message data at the node:                                                          

                       A controller 74 on the node device is connected to the IC 64                              
                       through an IIC compatible (but preferably faster) connection.                             
                       All configuration, status, and message data is available to the                           
                       external device through this port.                                                        
                (col. 12, ll. 55-58, emphasis added).                                                            
                       Because Pogue’s “intelligent nodes” include a microprocessor that                         
                processes message data, we find Pogue’s “intelligent nodes” are: (1) capable                     
                of performing custom operations on messages that pass through the nodes,                         
                (2) do not require a central server or computing resource, (3) are aware of                      
                the contents of transported messages, and (4) can participate (i.e., are                         
                capable of participating) in the processing and modification of messages                         
                traveling through the network (See Appellants’ proffered plain meaning of                        
                the claim term “active network,” supra, see also Br. 7).                                         
                       We emphasize that Appellants have specifically used the language                          
                “capable of” and “can participate” in construing the plain meaning of an                         
                “active network” (see Br. 7).  Thus, we find Pogue’s teaching of “intelligent                    
                nodes” in a vehicle network clearly meets Appellants’ proffered plain                            
                meaning of the claim term “active network” (see Br. 7).                                          



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