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
Jolissaint."
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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