Ex parte HAYDEN - Page 13




          Appeal No. 97-1265                                                          
          Application 07/981,274                                                      



          since addresses are not dynamically assigned by Perlman, this               
          feature of independent claims 11, 19 and 26 is not taught or                
          suggested by the collective teachings of Perlman and Cree.                  
          Therefore, we do not sustain the rejection of these                         
          independent claims or any of the claims which depend                        
          therefrom.                                                                  
          Remaining independent claims 5 and 25 are directed to                       
          a method for assigning a multicast address by a server                      
          computer and include the step of generating a list of                       
          unassigned multicast addresses that are not being used by any               
          computer on the network.  For reasons provided by appellant                 
          and discussed above, the teachings of Cree do not suggest this              
          feature of independent claims 5 and 25.  Therefore, we do not               
          sustain the rejection of independent claims 5 and 25 or of                  
          claims 7-10 which depend from claim 5.                                      
          In summary, the examiner’s rejection of claims 1-5 and                      
          7-26 under 35 U.S.C. § 103 is reversed for the reasons                      
          indicated by appellant in the brief and the reply brief.  The               
          examiner has failed to respond to each of appellant’s                       
          arguments, and we remain                                                    

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