Ex parte ASHTON et al. - Page 6

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

               Appellants argue (Br1): "Jolissaint states that 'the                   
          network manager often accepts error reports when                            
          malfunctions occur in devices attached to the network, and                  
          provides a centralized location where a person responsible                  
          for network operation may monitor the state of the network'                 
          (column 1, line 66 - column 2, line 2).  Therefore, human                   
          intervention is necessary using the teachings of                            
               The Examiner responds that Jolissaint teaches that the                 
          network manager is a general purpose computer system                        
          programmed to perform network manager functions and points                  
          to some of the managing functions which do not imply human                  
          intervention (EA11).  The Examiner further notes that the                   
          claim language does not exclude human intervention.                         
               We agree with the Examiner's reasoning.  The network                   
          manager functions are performed by the network manager                      
          computer 30 (col. 3, line 66 to col. 4, line 1), not a                      
          human.  In addition, claim 9 does not recite what "managing                 
          said packet communications network" consists of; this could                 
          be the functions performed by network manager 30 or it could                
          be preparation of a report for a human manager.                             

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