Ex Parte Lind et al - Page 3

               Appeal 2007-0376                                                                             
               Application 10/280,259                                                                       

                      Claims 10-31 stand rejected under 35 U.S.C. § 102(e) as being                         
               unpatentable over Berstis.                                                                   
                      Rather than reiterate the opposing arguments, reference is made to the                
               Briefs and Answer for the respective positions of Appellants and the                         
               Examiner.  Only those arguments actually made by Appellants have been                        
               considered in this decision.  Arguments which Appellants could have made                     
               but chose not to make in the briefs have not been considered (37 CFR                         
               § 41.37(c)(1)(vii)).                                                                         
                                                OPINION                                                     
                      Appellants argue that Berstis relates to an arrangement wherein the                   
               proprietary bus is coupled to components that may be crucial for vehicle                     
               operation without excluding the non-critical components from being coupled                   
               to the proprietary bus if the manufacturer chooses to do so (Br. 5).                         
               Appellants further assert that Berstis separates the nodes according to                      
               whether they are proprietary and not based on how critical they are for                      
               driving the vehicle and argue that the crucial components that are coupled to                
               the proprietary bus may not necessarily be critical for the operation of the                 
               vehicle (Br. 4-5).  The Examiner’s response to Appellants’ arguments is                      
               focused on how separating the nodes in Berstis is the same as the claimed                    


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