Ex parte GLOWNY et al. - Page 3

          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                 
          Rather than repeat the arguments of appellants or the                       
          examiner, we make reference to the brief and the answer for the             
          respective details thereof.                                                 
          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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