Ex parte NAGEL et al. - Page 3




               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          


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