Ex parte NAGEL et al. - Page 7




               Appeal No. 98-3047                                                                                                 
               Application No. 08/576,539                                                                                         


               state transition decision unit both reads and writes to the failure state 618 entry, to monitor and update         

               the status.  The decision unit also reads and writes to timer 619, to update and monitor the particular            

               timer for the corresponding virtual path in order to, for example, update the failure state 618 entry to           

               “normal,” and notify the host processor, when the timer reflects that an AIS cell has not been received            

               for three seconds.                                                                                                 

                      Thus, contrary to appellants’ arguments, status determinations are made irrespective of the                 

               order of the received packets.  The VP Table-2 contains historical status information.  The circuitry              

               does more than evaluate connections which relate to the current cell or packet as it is received.                  

                      We therefore sustain the rejection of Claims 7 and 8 under 35 U.S.C. § 103 over Miyagi.                     

               Claim 9                                                                                                            

                      Appellants contend, on pages 7 and 8 of the Brief, that Miyagi fails to disclose a                          

               “postprocessing circuit” and a “monitoring circuit” as set forth in Claim 9.  However, the reference               

               discloses a “monitoring circuit” that is very much like appellants’ disclosed “monitoring circuit,” and            

               certainly no different from that claimed.  As shown in Fig. 1 of Miyagi, line connection/terminator 101            

               monitors the physical line and notifies the fault detection circuitry via                                          








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