Ex parte DAWSON - Page 2




            Appeal No. 1998-3405                                                                              
            Application No. 08/378,745                                                                        


                                               BACKGROUND                                                     

                   The appellant's invention relates to a system for monitoring loss metrics in a             
            communication network.  An understanding of the invention can be derived from a reading           
            of exemplary claim 57, which is reproduced below.                                                 
                         57.    An apparatus for measuring performance of a port within a                     
                   communication network having a plurality of ports, said ports for individually             
                   interfacing with attached stations or devices, said apparatus comprising:                  
                         a first packet detecting circuit operable within said port of said                   
                   network for detecting a message packet entering said port, said first packet               
                   detecting circuit coupled to an input communication stream to said port;                   
                         a second packet detecting circuit operable within said port for                      
                   detecting a message packet exiting said port, said second packet detecting                 
                   circuit coupled to an output communication stream from said port; and                      
                         a counter for maintaining a count value indicating an amount of                      
                   messages lost or corrupted by said port and indicating an amount of                        
                   messages lost or corrupted by said network, said counter communicatively                   
                   coupled to said first packet detecting circuit and communicatively coupled to              
                   said second packet detecting circuit.                                                      
                                          1                                                                   
                   The (prior) art reference  of record relied upon by the examiner in rejecting the          
            appealed claims is:                                                                               
            Dawson                           5,390,188                       Feb. 14, 1995                    
                   Claims 57-88 stand rejected under 35 U.S.C. § 101 as claiming the same invention           
            as that of claims 1-56 of prior U.S. Patent 5,390,188 to Dawson.                                  


                   This is the patent issued from the parent application 08/101,390, filed Aug. 2, 1993, from which1                                                                                         
            the present application is a continuation application under 37 CFR 1.60.                          
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