Ex parte LASKEN - Page 6




               Appeal No. 1997-0333                                                                                                
               Application 08/521,162                                                                                              


               requirement of the claims since Hayes provides a dynamic redundancy option which reconfigures                       





               around a faulty node.  We note at the outset that this limitation is set forth in means-plus-function               

               language.  We are in agreement with the examiner that this feature is met by Hayes as discussed below.              

                       We agree with the examiner that the processor ring of Figure 7.55(c) (see Hayes, page 650)                  

               serves to reconfigure, and thus serves the same purpose as the "means for disenabling . . . " of                    

               appellant’s claim 1.  The reconfiguring in Hayes is an equivalent function to the recitation in claim 1 of          

               isolating and disenabling of a faulty node while maintaining communication, to the extent that this feature         

               is broadly set forth in the claim.  Indeed, the entire purpose of Hayes’ disclosed "fault-tolerant                  

               computer" is to "’...execute specified algorithms correctly regardless of hardware failures and program             

               errors’" (Hayes, page 664).  As stated by Hayes, "fault tolerance is a major design goal [in some                   

               applications]" (Hayes, page 664).  As discussed in Hayes, "[a] system with dynamic redundancy                       

               tolerates faults by actively reorganizing the system so that the functions of the faulty unit are transferred       

               to one or more fault-free units," such as by "logically reconfiguring the system around the fault"  (Hayes,         

               page 666).  Accordingly, we find that Hayes teaches the feature recited in representative claim 1 of a              

               "means for disenabling, isolating, and sacrificing a node having a short circuit without redundancy or              

               repair."  We find that the language "without redundancy or repair" is met by Hayes, since one option in             


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