Ex parte NAGEL et al. - Page 8




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


               channel failure signal 110 when a fault is detected.  (Channel failure signal 110 is also shown near the           

               top left of Fig. 4 of the reference.)                                                                              

                      We agree with the examiner, as pointed out on page 7 of the Answer, that the “postprocessing                

               circuit” as claimed reads on AIS cell generator 102 (Fig. 4).  We add that the “postprocessing circuit”            
               also reads on several alternative structures, such as FERF  cell generation unit 625 (Fig. 4), since the3                                                        

               claimed “circuit” is not required to perform any function except for the implicit function of receiving            

               information from the monitoring circuit.  As the Miyagi disclosure details, in particular at column 6, lines       

               43-50, in the case that the “monitor/drop bit” is set to “drop” (i.e., the virtual path ends at this particular    

               physical line termination), a VP-FERF cell is generated.  The VP-FERF cell includes failure information            

               from cells received in cell stream 107 (Fig. 4), as well as information received from the circuitry’s own          

               AIS cell generator 102.  Information concerning a line or connection failure at this location would                

               eventually be processed by FERF cell generation unit 625, in the event that this physical line termination         

               is at the end of the virtual path.  Information from the monitoring circuit, concerning a line defect, is thus     

               passed on to FERF cell generation unit 625.                                                                        

                      We therefore sustain the rejection of Claim 9 under 35 U.S.C. § 103 over Miyagi.                            






                      3"Far End Receive Failure,” according to column 1, lines 34-43 of Miyagi.                                   
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