Appeal No. 96-0974
Application 08/024,299
result of the abnormality check circuit 9 is displayed on a
display such as a cathode ray tube (col. 3, lines 9-12).
The examiner contends that claim 1's recitation of "line3
selecting means for automatically switching transmission of
data from said defective line to another line" (our emphasis)
is satisfied by the Kohno reference, citing the following
passage from column 1, lines 22-27 of the reference: "When the
decision means determines the existence of abnormality of
received data transmitted through a certain transmission line,
the receiver switches the transmission line from the line
related to abnormal data, to another by means of s changeover
switch" (our emphasis). We agree with appellants (Brief at
13) that the claim language at issue requires the switching to
occur upstream of the transmission path, not downstream as in
Kohno. As a result, Kohno fails to anticipate claim 1. We
note that at page 5 of the final Office action, the examiner 4
made the following argument with respect to this limitation:
"Applicant also points out that Kohno switches the receiving
3Answer at 5.
4Paper No. 8.
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