Appeal No. 95-5040
Application 07/781,422
means for substituting, in said second means for connecting, said first identifier for
said second identifier when said fault is detected; and
means for enabling, when said fault is detected, said second means for connecting so
as to allow data to flow between said network and said computer through said second means
for connecting.
The examiner relies upon the following prior art:
Massey, Jr. et al. (Massey ) 5,016,244 May 14, 19913
Bhide et al., A Highly Available Network File Server, USENIX, Winter 1991, Dallas, TX,
pages 199-205 (Bhide).
Claims 1-3, 7, 9-11, 15, and 17-18 stand rejected under 35 U.S.C. § 102(a) as being
anticipated by Bhide.
Claims 4-6, 8, 12-14, and 16 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Bhide and Massey.
OPINION
We reverse.
"Anticipation is established only when a single prior art reference discloses, expressly or under
principles of inherency, each and every element of a claimed invention." RCA Corp. v. Applied
Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).
Massey was issued with an incorrect specification. The Patent and Trademark Office issued3
a certificate of correction on May 14, 1991, replacing the title page and columns 1-10 of the
specification. Apparently, the examiner relies on the originally published specification which has
nothing to do with the drawings. A copy of Massey with the corrected specification is attached to
this decision.
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