Ex Parte DAMIEN - Page 6



          Appeal No. 2000-0330                                       Page 6           
          Application No. 08/684,871                                                  

          ensured by duplicating certain virtual paths VP.”  (Spec. at 4.)            
          More specifically, “cells arriving at said first switching node             
          are duplicated to be transmitted to said second switching node by           
          the main path and by the substitute path.”  (Id. at 1.)  We are             
          persuaded that one skilled in the art would understand that the             
          limitations, when read in light of the specification, require               
          duplicating cells that are to be transported over a main path and           
          then transmitting the duplicated cells over a substitute path.              

               Second, the examiner asserts, “it is not clear what is meant           
          by ‘a rank’ in the statement of ‘at least some packets are                  
          assigned a rank.’”  (Examiner’s Answer at 3.)  The appellant                
          argues “[t]he clearest examples of rank of cells is the                     
          distinction between OAM cells and data cells.”  (Appeal Br. at 8)           

               Claims 26, 27, and 34 specify in pertinent part the                    
          following limitations: "at least some packets are assigned a rank           
          . . . comparing means for comparing packets of a same rank                  











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