Appeal No. 96-2498 Page 4
Application No. 08/250,139
Independent claims 1 and 17 recite “at least one
communication protocol interconnect module coupled to said
simulator and wherein said simulator configures said
communication protocol interconnect module...” This is a very
important limitation in the claims since this is what allows
for rapid reconfiguration for different test conditions
occurring during aircraft development.
The examiner recognizes the deficiency in Berner in not
disclosing or suggesting this claim limitation yet the examiner
incredibly takes the position [bottom of page 20-answer] that
the “claims do not explicitly state that the communication
protocol interconnect module be configured by the simulator.”
Independent claims 1 and 17 clearly do explicitly require the
protocol interconnect module to be coupled to the simulator and
configured thereby. [See line 20 of these claims].
Accordingly, since the examiner has ignored a key limitation of
the claims, either intentionally or unintentionally, no prima
facie case of obviousness has been established with regard to
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