Ex parte OSKOUY et al. - Page 9




          Appeal No. 1996-4025                                                        
          Application 07/995,591                                                      



          network (SONET) communication protocol.  We fail to find any                
          suggestion as to any desirability or reason for those of                    
          ordinary skill in the art to modify this protocol to obtain an              
          asynchonous system.  Therefore, we will not sustain the                     
          Examiner's rejection of the claims under 35 U.S.C. § 103.                   
                    Claims 6 and 16 stand rejected under 35 U.S.C. § 103              
          as being unpatentable over Hedlund in view of Burrows as                    
          applied to claims 1 and 11 and further in view of Yanagi.  We               
          note that the Examiner is relying on the same reasons as                    
          above.  Furthermore,                                                        


          we find that Yanagi does not supply the missing teaching or                 
          suggestion to modify Hedlund's synchronous system to become an              
          asynchronous operating system.                                              
                    In view of the foregoing, the decision of the                     
          Examiner rejecting claims 29 and 30 under 35 U.S.C. § 102, and              
          claims 1,  3 through 6, 8, 11, 13 through 16, 18 and 23                     
          through 26 under   35 U.S.C. § 103 is reversed.                             
                                      REVERSED                                        



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