Ex parte ASHTON et al. - Page 7




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

               Appellants argue that other teachings of Jolissaint do                 
          not teach managing the network based on information                         
          regarding status and configuration of virtual circuits                      
          (Br10).                                                                     
               The Examiner points to column 7, lines 47-52, which                    
          describes that the network manager traces good direct links                 
          to identify the error, and to column 9, lines 18-20, which                  
          describes that the network manager can allocate the network                 
          load based upon its knowledge of device and interconnection                 
          capabilities, as evidence of network managing functions                     
          (EA4).                                                                      
               We agree with the Examiner's reasoning.  No specific                   
          management functions are recited and any management function                
          will do; the Examiner has pointed to two examples.                          
          In addition to the portions of Jolissaint noted by the                      
          Examiner, Jolissaint discloses that "[a] network manager may                
          monitor traffic on the network, and may be able to control                  
          or influence message routing in some networks" (col. 1,                     
          lines 63-66).  The function of the network manager in                       
          Jolissaint manifestly must be to manage the network.  Note                  
          again that claim 9 recites that the means for managing is                   

                                        - 7 -                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007