Ex parte ASHTON et al. - Page 13




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

          24 USPQ2d 1443, 1446-47 (Fed. Cir. 1992) (Nies, C.J.,                       
          concurring).                                                                


               Claims 5-8                                                             
               Claim 5 recites an automated means for representing                    
          status comprising means for indicating a virtual circuit                    
          which is supported, means for indicating a virtual circuit                  
          segment which is not supported, and means for indicating a                  
          virtual circuit segment which is in use but which is                        
          indicated as being inactive.  This is described with respect                
          to the "U" and "F" bits on page 21 of the specification.                    
          Appellants argue that Jolissaint does not suggest these                     
          limitations or that the records being sent to the network                   
          manager include information on which links are being used                   
          (Br15).                                                                     
               The Examiner admits that Jolissaint does not disclose                  
          means for indicating that a segment is in use and is                        
          inactive, but concludes that this would have been obvious                   
          because when node 4 fails, it will not be able to generate                  
          an error report, and the network manager 30 will see link 24                
          being in use by node 3 and inactive by node 4 (EA6-7).                      

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