Ex parte COHEN - Page 8




          Appeal No. 1997-2899                                                        
          Application No. 08/385,574                                                  

          determination of obviousness).  The Federal Circuit reasons in              
          Para-Ordnance Mfg. Inc. v. SGS Importers Int’l Inc., 73 F.3d                
          1085, 1088-89, 37 USPQ2d 1237, 1239-40 (Fed. Cir. 1995), cert.              
          denied, 519 U.S. 822 (1996), that for the determination of                  
          obviousness, the court must answer whether one of ordinary                  
          skill in the art who sets out to solve the problem and who had              
          before him in his workshop the prior art, would have been                   
          reasonably expected to use the solution that is claimed by the              
          Appellants.                                                                 
               Yamada teaches a data processing system where a plurality              
          of terminals are connected to first and second storage via                  
          first and second transmission lines.  Yamada in col. 2, lines               
          31 through 52, specifically discloses that a transmission                   
          control between the first terminal and the first storage                    
          detects failures in transmission over the first transmission                
          line and switches the first terminal to the second storage via              
          the second transmission line.  Additionally, Yamada in col. 4,              
          lines 53 through 63, and Figures 1 and 6 discloses that if the              
          first transmission line between terminal 2 and first storage 6              
          fails a selection flag F1 is set which shifts the transmission              
          to the second line.  Once the second transmission line is                   

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