Appeal No. 98-3047 Application No. 08/576,539 Claims 10-13 have been allowed. (Id.) Claims 7-9 stand rejected under 35 U.S.C. § 103 as unpatentable over Miyagi. OPINION Grouping of Claims Appellants present arguments for Claim 7 in view of the applied reference on pages 6 and 7 of the Brief. Appellants separately argue Claim 9 on pages 7 and 8 of the Brief. Accordingly, we will consider the merits of each of Claims 7 and 9, with Claim 8 standing or falling with Claim 7. See 37 CFR § 1.192(c)(7). Claims 7 and 8 The examiner refers to column 5, line 63 to column 6, line 42 and Figs. 4 and 5 of Miyagi as the most pertinent portion of the reference. (Answer, pages 4-5.) Appellants respond that the reference apparatus “does not teach nor suggest that status determinations are made irrespective of the order of the received packets.” (Brief, page 6.) Appellants state that “it is clear that the circuit 111 [the fault detection and notification circuit detailed in Fig. 4 of Miyagi] evaluates only the connections which relate to the current cell or packet.” (Id. at 7.) The allegations are based on appellants’ interpretation of the reference. “Miyagi looks up and responds to information relating to those connections which relate to the virtual path or virtual connection which is - 3 -Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007