Appeal No. 96-2498 Page 5
Application No. 08/250,139
claims 1 through 15 and 17 and we will not sustain the
rejection of these claims under 35 U.S.C. 103. 2
Turning now to independent claim 18, this claim requires,
inter alia, a means
for maintaining validity of transmit data by
updating freshness counters at expected rates,
said seventh means further creating invalid data
by changing transmit schedules, inhibiting
freshness update, setting system status
bits, and parameter validity bits, and by
creating data/data or data/hardware
disagreements.
The examiner treats this limitation in the statement of
the rejection and the rationale therefor at page 15 of the
answer, contending that the means for providing a transmit data
response to “instruction LRU/system status and to simulate
reactions of LRUs” are shown in Berner’s Figures 1-4, column 5-
8 and as transmitting generators 78, 80 and 82 and signal
emulator 86. Even assuming, arguendo, that we agreed with this
part of the examiner’s analysis, the examiner fails to treat
the very specific claim limitations as to exactly how validity
2The examiner has applied Herzberg with regard to claims 9
through 11 but Herzberg does not provide for the deficiency of
Berner.
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