Ex parte GLOWNY et al. - Page 10

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

          directly address the point made by appellants [answer, pages 6-             
          8].  We are of the view that the applied prior art does not                 
          perform the method recited in claim 13 and does not provide any             
          suggestion for the implementation of the method of claim 13.                
          Claim 13 recites that “if the priority of the                               
          transmitting node is higher than that of the receiving node and             
          the receiving node is not already a primary node, establishing              
          the receiving node as an alternate node..., otherwise,                      
          establishing the receiving node as a primary node” [underlining             
          added for emphasis].  Thus claim 13 recites that a node not                 
          having higher priority would continue as the primary node as long           
          as it obtained the primary node status at some point.  Thus, a              
          request from a higher priority node for control would be ignored            
          by a                                                                        

          lower priority node that already has control.  The applied prior            
          art cannot achieve this operation because the applied prior art             
          is designed to always allow the node with highest priority to               
          take control whenever such a node comes on line.                            
          The examiner has not explained why this distinction                         
          between the invention of claim 13 and the applied prior art would           
          have been obvious to the artisan.  As we noted above, although              


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