Ex parte THEOBALD - Page 4




          Appeal No. 95-0907                                                          
          Application 07/774,757                                                      

               device under test, the apparatus comprising test                       
               sequencing means for generating and supplying to the                   
               device under test a test sequence of messages,                         
               including messages requesting messages to be                           
               transmitted by the device under test in response                       
               indicating whether functions of predetermined                          
               definition are present or absent in the device under                   
               test, and for analyzing messages transmitted by the                    
               device under test in response, to determine conformity                 
               or not with the standard application protocol.                         
                                       Opinion                                        
               We do not sustain the rejection of claims 1-10 and 12-19               
          under 35 U.S.C. § 103 as being unpatentable over Wang and Rattan.           
               We also do not sustain the rejection of claims 11 and 20               
          under 35 U.S.C. § 103 as being unpatentable over Wang, Rattan,              
          and the appellant's disclosed prior art.                                    
               The appellant has argued claims 1 and 4-11 as a first group,           
          claims 2 and 12 as a second group, and claims 3 and 13-20 as a              
          third group.  Claim 1 is the only independent claim.                        
               At the outset, we reject the appellant's argument that Wang            
          is nonenabling prior art reference.  First, it is noted that Wang           
          has not been relied on by the examiner to show much at all.  With           
          respect to Wang, the examiner stated (answer at 3-4):                       
               Wang teaches a protocol testing technique which                        
               provides to a device under test a sequence of                          
               operations to drive the protocol implementation through                
               a set of tests.  This will determine whether a product                 
               under test conforms to a protocol standard.                            
               The examiner has relied on Wang to show nothing more                   

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