Ex Parte Saunders et al - Page 2

               Appeal 2007-0207                                                                             
               Application 10/054,009                                                                       
                      The disclosed invention relates to a method and apparatus for                         
               diagnosing an optical transport network that includes a plurality of network                 
               elements.                                                                                    
                      Claim 1 is illustrative of the claimed invention, and it reads as                     
               follows:                                                                                     
                      1. A network diagnostic system for an optical transport network                       
               having a plurality of network elements, comprising:                                          
                                  a first network element residing in the optical transport                 
                            network, the first network element having a network diagnostic                  
                            operation integrated therein and operable to perform the                        
                            network diagnostic operation, wherein the network diagnostic                    
                            operation directly monitors an optical signal traversing the                    
                            optical transport network; and                                                  
                                  a network diagnostic device in data communication with                    
                            a second network element residing in the optical transport                      
                            network and operable to initiate the network diagnostic                         
                            operation at the first network element;                                         
                                  the second network element adapted to receive a request                   
                            to initiate the network diagnostic operation from the network                   
                            diagnostic device, the second element operable to map the                       
                            request into at least one optical network frame and transmit the                
                            optical network frame over an optical supervisory channel of                    
                            the optical transport network to the first network element.                     

                      The reference relied on by the examiner as evidence of unpatentability                
               is:                                                                                          
               Richards   US 6,778,778 B1  Aug. 17, 2004                                                    
                                                                  (filed Jan. 11, 2001)                     
                      Claims 1 through 6, 9, 10 and 21 stand rejected under 35 U.S.C.                       
               § 102(b) as being anticipated by Richards.                                                   

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