Ex Parte Spinks et al - Page 5

               Appeal 2007-1084                                                                             
               Application 09/764,543                                                                       





                      Based upon Nakamura’s extensive discussion and showing beginning                      
               at figure 2 associated with the IEEE 1394 protocols for interconnection of                   
               the devices of Nakamura’s figure 1, we agree with the Examiner’s                             
               characterization that the outlets 101 of this reference may be fairly                        
               characterized as being intelligent and truly to form the “underlying                         
               foundation or basic framework of a network” as argued in the paragraph                       
               bridging pages 4 and 5 of the principal Brief on appeal.  Outlets 101 in                     
               Nakamura appear to be infrastructure nodal devices that communicate with                     
               other outlets 101 by means of the previously mention IEEE 1394 protocol.                     
                      Moreover, the network devices, that are only broadly referred to in the               
               claims on appeal, comprise “in station devices, such as personal computers                   
               (“PCs”), servers, printers, scanners, fax machines and the like” that are                    
               defined in this manner as part of the prior art at Specification pages 25 and                
               26.  Corresponding elements are shown in Nakamura’s home network figure                      
               1.                                                                                           
                      Further, Nakamura’s PC 112 in figure 1 is depicted in figure 28 as                    
               comprising a node which connects to other nodal devices as illustrated.  The                 
               function of this PC is a management type function characterized beginning                    
               at the bottom of column 4, and as further characterized as a management                      
               functional device at column 16 through at least half of column 17 and the                    
               bottom of column 20.  The artisan would consider such a PC 112 as                            
               representative of other devices that may be characterized as included within                 
               the home network shown in figure 1 of Nakamura.  Additionally, this PC,                      

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