Appeal No. 1997-1194
Application No. 08/084,668
connection map queue for the placing of data packets to be
transferred through the virtual connection circuits. The
Examiner has attempted to address this claim language by
referring to the disclosure at columns 6 through 9 of
Shinohara. Our review of Shinohara, however, reveals no
disclosure of any such virtual map queue, let alone how such
might cooperate with the remaining elements of the claims.
The Examiner has provided no indication how the cited portions
of Shinohara might be interpreted to meet the requirements of
the claims. We are not inclined to dispense with proof by
evidence when the proposition at issue is not supported by a
teaching in a prior art reference, common knowledge or capable
of unquestionable demonstration. Our reviewing court requires
this evidence in order to establish a prima facie case. In re
Knapp-Monarch Co., 296 F.2d 230, 232, 132 USPQ 6, 8 (CCPA
1961); In re Cofer, 354 F.2d 664, 668, 148 USPQ 268, 271-72
(CCPA 1966).
As a final note, we make reference to the Fisk patent
which the Examiner relied upon in the Office action mailed
April 12, 1995 (paper no. 5) and which the Examiner makes
reference to in the Answer. Fisk was relied on solely to
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