Ex parte GLOWNY et al. - Page 6

          Appeal No. 94-4400                                                          
          Application 07/771,063                                                      

          they suggest having the alternate node upgrade its status to that           
          of a primary node upon failing to determine the existence of such           
          a primary node” [brief, pages 10-11].  The examiner does not                
          respond to this argument directly, but instead, argues that the             
          invention of claims 10-12 is suggested by the applied prior art             
          because the primary master node in Literati checks with other               
          nodes through the transfer of timing priority numbers (TPNs), and           
          the checking and incrementation of the TPNs clearly teaches the             
          checking of the status of each node [answer, page 6].  Although             
          it is not clear if any of the examiner’s statements regarding the           
          teachings of the applied prior art are incorrect, it is clear               
          that the examiner’s rejection fails to address the specific                 
          recitations of claim 10 and whether the differences asserted by             
          appellants would have been obvious to the artisan in view of this           
          prior art.                                                                  
          As pointed out by appellants, the method of claim 10                        
          specifically recites an alternate control point node which                  
          interrogates other control point nodes and updates its own status           
          to a primary control point node when it does not find a primary             
          control point node among the other control point nodes.  The                
          examiner apparently views the “client” nodes of Near and Literati           
          as interrogating each of the control point nodes, and the                   


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