Ex Parte Jha - Page 12

                Appeal 2007-0708                                                                              
                Application 09/881,367                                                                        
                As to claims 8 and 10 through 15, we have found that Ogawa teaches a                          
                receiving circuit for simultaneously processing the parameters of an                          
                incoming frame in a first network to identify a suitable protocol from among                  
                a plurality of protocols to produce parameters of an outgoing frame for use                   
                in external circuit, which can be separated from the receiving circuit by a                   
                firewall.  (Findings of facts 5 through 11.)  It follows that the Examiner did                
                not err in rejecting claims 8 and 10 through 15 as being anticipated by                       
                Ogawa.                                                                                        
                We have reviewed claims 16 and 17.  We find that they are broader in                          
                scope than claims 1 through 8 and 10 through 15, as discussed above.  We                      
                have also found that Ogawa teaches a circuit for executing the steps in the                   
                cited claims.  (Findings of fact 5 through 11.)  It follows that the Examiner                 
                did not err in rejecting claims 16 and 17 as being anticipated by Ogawa.                      

                                         35 U.S.C. § 103(a) REJECTION                                         
                Now, we turn to the rejection of dependent claim 9 as being                                   
                unpatentable over Ogawa.  We note that claim 9 depends directly from claim                    
                1.  Thus, claim 9 also requires reading and processing parameters of an                       
                incoming frame in a first network to produce an outgoing frame for use in a                   
                second network.  For the reasons set forth in the discussion of claim 1 in the                
                preceding paragraph, we find that Ogawa teaches the cited limitations, as                     
                discussed above.  Further, claim 9 requires that the processing of such                       
                incoming parameters be non-programmable.  We find that there is no                            
                indication in Ogawa that the processing of the incoming parameters as                         
                performed by receiving circuit to be  programmable.  Absent such an                           
                indication, it would not be unreasonable to assert that Ogawa’s disclosed                     

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