Ex parte SESTAK - Page 5




          Appeal No. 96-2854                                                          
          Application No. 08/119,980                                                  


          as disclosed and claimed by Appellant.  Note Appellant’s                    
          specification at page 3, lines                                              
          16-18, where it recites “Dedicated trunks are not required,                 
          and excessive trunk resource is not consumed.”                              
                    The Examiner’s combination of Okanda with Okurano                 
          saves resources at the expense of some delay.  How much delay               
          is tolerable in Okurano is not addressed by the references,                 
          Appellant or the Examiner, and would be a necessary                         
          consideration in deciding to implement the Okanda teaching.                 
          The Federal Circuit reasons in Para-Ordnance Mfg. Inc. v. SGS               
          Inporters Int’l., 73 F.3d 1085, 1088-89, 37 USPQ2d 1237, 1239-              
          40 (Fed. Cir. 1995), cert. denied, 117 S.Ct. 80 (1996), that                
          for the determination of obviousness, the court must answer                 
          whether one of ordinary skill in the art who sets out to solve              
          the problem and who had before him in his workshop the prior                
          art, would have been reasonably expected to use the solution                
          that is claimed by the Appellants.  We find the cost savings                
          advantage of Okanda to be an obvious improvement to Okurano                 
          since both systems achieve a relatively quick recognition and               
          response to remote faults.  Also, since Okurano is monitoring               
          faults on its own (internal) communication system, automatic                
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