Ex parte ASHTON et al. - Page 14




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

               We conclude that Jolissaint does not disclose or                       
          suggest means for indicating that a connection is in use but                
          which is indicated as being inactive in a node adjacent to                  
          said node.  Jolissaint indicates the physical or logical                    
          connection, not whether the connection is in use.                           
          Jolissaint does not indicate that a connection is in use,                   
          but is indicated to be inactive.  The Examiner's                            
          interpretation of Jolissaint does not fairly meet the                       
          specific claim limitations.  Therefore, we conclude that the                
          Examiner has failed to establish a prima facie case of                      
          obviousness with respect to claim 5.  The rejection of                      
          claims 5-8 is reversed.                                                     

               Claims 1, 3, and 4                                                     
               Claim 1 requires "means for storing the current status                 
          of said virtual circuit segments and the configuration of                   
          said interconnections."                                                     
               Appellants argue that Jolissaint identifies physical                   
          connections in the network and "[t]here is no teaching or                   
          suggestion in Jolissaint to report the status of virtual                    
          circuit segments ..." (RBr3).                                               


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