Ex Parte Tarquini et al - Page 4

                    Appeal 2007-1276                                                                                                      
                    Application 10/001,446                                                                                                
                    to make in the Briefs have not been considered and are deemed to be                                                   
                    waived.  See 37 C.F.R.  41.37(c)(1)(vii) (2004).2                                                                    

                                                                ISSUE                                                                     
                            The issue is whether Appellants have shown that the Examiner erred                                            
                    in rejecting the claims under 35 U.S.C.  102(b).  The issue turns on whether                                         
                    Holloway teaches or suggests each and every limitation of the claims.                                                 

                                                      FINDINGS OF FACT                                                                    
                            The record supports the following findings of fact (FF) by a                                                  
                    preponderance of the evidence.                                                                                        

                      1. Holloway describes a computer network security system to detect and                                              
                            prevent intrusion into a Local Area Network (LAN) by an                                                       
                            unauthorized user.  (Col. 1, ll. 14-17.)  In particular, Holloway teaches                                     
                            the use of a managed hub to detect and prevent intrusions.  (Col. 2, ll.                                      
                            53-55.)  The network has multiple managed hubs.  (Col. 4, ll. 51-55.)                                         

                      2. The system of Holloway transmits a series of frames between the                                                  
                            interconnect devices of the network during different phases of its                                            
                            operation.  (Col. 2, ll. 58-60.)  The frames are sent to a "LAN security                                      

                                                                                                                                         
                    2  Except as will be noted in this opinion, Appellants have not presented any                                         
                    substantive arguments directed separately to the patentability of the                                                 
                    dependent claims or related claims in each group.  In the absence of a                                                
                    separate argument with respect to those claims, they stand or fall with the                                           
                    representative independent claim.  See 37 C.F.R.  41.37(c)(1)(vii).                                                  

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