Ex parte GLOWNY et al. - Page 7

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

          “control” nodes of Literati as interrogating each other because,            
          in both cases, all the nodes learn of each other’s status by way            
          of the TPNs.  Although we agree that the control point nodes in             
          the applied prior art learn of the status of other control point            
          nodes by way of derived information, we cannot agree that the               
          interrogations as recited in claim 10 are suggested by Near or              
          Literati.  In our view, the step of interrogating requires some             
          form of official or formal request to be made from one element to           
          another.  The mere power to deduce what is going on within the              
          network does not constitute an interrogation as disclosed and               
          There is no question that the nodes in Near and Literati                    
          directly communicate only with nodes that are connectable by a              
          single link.  That is, node G directly communicates with both               
          second master node H and third master node E whereas node F does            
          not directly communicate with any of the three master nodes [see            
          FIG. 2 of Literati].  None of the master nodes directly                     
          communicate with any other master node.  In our view, the fact              
          that any node in Literati can be traced to any other node by an             
          appropriate selection of links does not imply that an                       
          interrogation occurs between those links.  For example, second              
          master node H in Literati derives information about the status of           


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