Appeal No. 95-5040
Application 07/781,422
secondary interface to that of the primary interface of the failed server (page 201, left col.). Bhide
deals with failed file servers, not a failed network interface (P or S) to a computer. When a Server
computer fails, its address and functions are taken over by the other Server, which is then connected
to the network LAN by two connecting devices at once. A Server computer cannot be the computer
of the claims because, although it has two connections P and S to the network LAN, as appellant
correctly argues (Brief, page 7): "The secondary connecting device for one computer is not
substituted for the primary connecting device of that same computer, as in the claimed invention."
Because none of the computers in Bhide are connected to the network LAN by two connections, one
of which may be substituted for the other, the examiner erred in finding anticipation of the
independent claims.
The examiner finds that Bhide discloses "a computer (client), a first and second means for
connection (Fig. 1, server)" (Examiner's Answer, page 4) and "[i]n figure 1, Bhide clearly has a
computer (client) connected to a first and second network interface devices (server)" (Examiner's
Answer, page 8). These findings do not fit the claim language. The independent claims all require
"first and second means for connecting said computer to said network" wherein the first means is
enabled "so as to allow data to flow between said network and said computer through first means for
connecting" and the second means is enabled "so as to allow data to flow between said network and
said computer through second means for connecting." This language manifestly requires that the first
and second means be connected between the computer and the network. In Bhide, the Client
computer is connected to the LAN network though only a single primary adapter connection P. The
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