Ex parte ASHTON et al. - Page 15

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

               The Examiner responds that Jolissaint generates and                    
          transmits reports of the status of logical links, which are                 
          considered to be the same as virtual circuits (SEA2).  In                   
          connection with the rejection of claim 5, the Examiner                      
          admits that Jolissaint does not teach that the network                      
          manager indicates the status of the links, but concludes                    
          that the status is determined by the network manager in                     
          response to an error condition (EA7).                                       
               Claim 1 requires storing the "current status of the                    
          virtual circuit segments."  Jolissaint determines the status                
          of a direct link each time a direct link is initialized, but                
          thereafter the change in status must be determined from                     
          analysis of the error reports.  We agree with Appellants                    
          that Jolissaint does not report the current status of the                   
          links and we disagree with the Examiner's reasoning that the                
          fact that the network manager can determine the status of a                 
          link in response to an error report meets the requirement                   
          for indicating the current status of virtual circuit                        
          segments.  Dev is relied on for teaching of displaying                      
          network information and does not cure this deficiency.                      
          Thus, we conclude that the Examiner has failed to establish                 

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