Ex parte OLNOWICH et al. - Page 9




                 Appeal No. 96-3763                                                                                                                     
                 Application 07/946,509                                                                                                                 



                                   Dependent claims 20, 27 and 34 all require, within                                                                   
                 the message header generation means, a “means for maintaining                                                                          
                 selected ones of the plurality of data fields constant for                                                                             
                 each said selected data message to a coupled network input                                                                             
                 port.”  The examiner has not addressed this limitation in the                                                                          
                 statement of and/or rationale for the rejection.  In fact, the                                                                         
                 examiner never addresses this limitation until the penultimate                                                                         
                 page of the answer wherein the examiner states, in toto, that                                                                          
                 the examiner disagrees with appellants’ argument that this                                                                             
                 limitation was not addressed                                                                                                           
                                   because Filepp shows the use of controlling                                                                          
                                   the length of the data fields as being                                                                               
                                   variable or fixed (e.g. col. 57, lines 50-                                                                           
                                   52,                                                                                                                  
                                   col. 58, lines 28-50).  Also, Takada shows                                                                           
                                   the use of the bridge controlling and main-                                                                          
                                   taining fixed length data blocks to be sent                                                                          
                                   across the backbone network (e.g. col. 33,                                                                           
                                   lines 41-45).                                                                                                        
                 While it is true that these citations refer to “fixed” (i.e.,                                                                          
                 “constant”) portions of data fields which obviously may be                                                                             
                 “selected” in some manner,  it is unclear to us how such2                                                                                       

                          2We note that while appellants filed a reply brief, there                                                                     
                 is no argument therein contesting the examiner’s identifica-                                                                           
                 tion, in the prior art, of “maintaining selected ones of the                                                                           
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