Ex parte ASHTON et al. - Page 5

          Appeal No. 1997-0809                                                        
          Application 08/033,599                                                      

          prior art."); In re Wiseman, 596 F.2d 1019, 1022, 201 USPQ                  
          658, 661 (CCPA 1979) (arguments must first be presented to                  
          the Board before they can be argued on appeal).                             

               Claim 9                                                                
               With respect to claim 9, Appellants argue (Br10):                      
          "There is no teaching or suggestion in Jolissaint of a means                
          for managing a communications network responsive to                         
          management information regarding status and configuration of                
          virtual circuits contained in a plurality of subvectors."                   
          We note that claim 9 recites "means responsive to said                      
          management information for managing said packet                             
          communications network" (emphasis added), not means                         
          "responsive to management information regarding status and                  
          configuration," as argued.  While the management information                
          may include specific information about the status and                       
          configuration, it is not positively recited that the means                  
          for managing is responsive to the status and configuration                  
          information; i.e., it could be responsive to other types of                 
          management information.  Nevertheless, the information in                   
          Jolissaint is considered information regarding status and                   
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