Ex parte CULLEN - Page 7




          Appeal No. 1999-2348                                                        
          Application No. 08/586,716                                                  


          measuring means to transmit selective data to the data                      
          processing means as claimed.  However, the examiner asserts,                
          id. at page 4, that: “Ono discloses that the data processing                
          means element 1 selectively instructs . . . the measuring                   
          means 2(1)-2(2) to transmit selected data . . . to the data                 
          processing means.”  Appellant argues, reply brief at page 4,                
          that: “Ono does not monitor the traffic of the system to                    
          assess signal quality.  Instead, Ono is directed to monitoring              
          the condition of the circuits and routes of the system, e.g.,               
          circuit faults, routes affected by the faults and the type of               
          fault.  There is no suggestion whatsoever in Ono of measuring               
          signal quality of actual traffic being carried by these                     
          circuits.”                                                                  
               We agree with the appellant’s position.                                
               Like the examiner, we note that Tayloe continuously                    
          monitors the subscriber calls and updates the graphical                     
          representations, thereby the system operator can actually                   
          observe the effect of system modifications in a pseudo real-                
          time fashion.  Column 2, lines 65-68.  Tayloe does not                      
          selectively control the measure-ments made by the measurement               
          elements.  Ono on the other hand is directed to monitoring                  
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