Ex parte THEOBALD - Page 7




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

          applicability of messages to be received and transmitted by the             
          device under test, a combination of Rattan and Wang still would             
          not satisfy a central feature of the appellant's claimed                    
          invention.  Note that claim 1 requires a 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."                                           
               Evidently, the examiner presumed or speculated that Rattan's           
          system does generate and supply to its peripheral units (device             
          under test) such a sequence of messages, and did not explain                
          where in Rattan or Rattan in combination with Wang is such                  
          disclosure or suggestion.  In that regard, we do not find in                
          Rattan, Wang, or a combination thereof a suggestion for sending             
          messages which request return messages to be sent from the device           
          under test.  Claim 1 further requires that the testing apparatus            
          analyze the return messages from the device under test for                  
          determining conformity with the standard protocol.  The examiner            
          has not shown where in Rattan arises a suggestion for messages              
          which are returned "in response" to requesting messages sent from           
          the testing apparatus.                                                      


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