Appeal No. 94-4400
Application 07/771,063
changing the status of the interrogating node to that of a
primary control point node.
The examiner relies on the following references:
Literati et al. (Literati) 4,939,752 July 03, 1990
Near et al. (Near) 5,068,877 Nov. 26, 1991
(filed Apr. 02, 1990)
Claims 10-20 stand rejected under 35 U.S.C. § 103. As
evidence of obviousness the examiner offers Near in view of
Literati.
Rather than repeat the arguments of appellants or the
examiner, we make reference to the brief and the answer for the
respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejection advanced by the examiner and the evidence
of obviousness relied upon by the examiner as support for the
rejection. We have, likewise, reviewed and taken into
consideration, in reaching our decision, the appellants'
arguments set forth in the brief along with the examiner's
rationale in support of the rejection and arguments in rebuttal
set forth in the examiner's answer.
It is our view, after consideration of the record before
us, that the collective evidence relied upon and the level of
skill in the particular art would not have suggested to one of
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