Ex parte FOSTER et al. - Page 5




          Appeal No. 1997-3426                                                        
          Application 08/373,052                                                      

          and the similar limitation in claim 28.  We consider this                   
          limitation dispositive of the obviousness rejections.                       
               The Examiner does not mention this limitation as being                 
          taught by Lamport in the statement of the rejection (FR2-3),                
          but also does not expressly find the limitation to be a                     
          difference.  It appears that the Examiner implicitly admits                 
          that Lamport does not teach or suggest this limitation because              
          the Examiner relies on Douglas and Underwood for the teaching               
          of "other circuitry" that assumes control of the data                       
          processor signal lines (FR3).  Nevertheless, we have reviewed               
          Lamport and find that it does not teach or suggest the                      
          limitation.  The signal lines of the switch control processor               
          (SCP) 216 in the node circuitry of Figure 8 of Lamport is not               
          controlled by other circuitry in the node.                                  
               The Examiner states that Douglas discloses "other                      
          circuitry" in Figure 8, item 202, which is caused to assume                 
          control of the data processor signal lines (Fig. 8, item 206,               
          col. 199, lines 17-21, and col. 207, lines 26-31) (FR3).                    
               Appellants note that the portion of Douglas specifically               
          referred to by the Examiner at column 199 refers to the                     
          diagnostic network node used by the data router in Figure 13A.              

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