Appeal No. 2000-0330 Page 10
Application No. 08/684,871
between the momentary counter readings.” Col. 6, ll. 15-19. As
admitted, by the examiner, Foglar’s shift is “the difference
between the two calculated numbers of message cells. . . .”
(Examiner’s Answer at 9.)
Relying on Edmaier merely to teach a “buffer memory P5 . . .
for storing packets on alternate path,” (Examiner's Answer at 4),
the examiner fails to allege, let alone show, that the secondary
reference cures the defect of the primary reference. Because
Foglar calculates a shift in the number of packets received via
two paths rather than a shift in time, we are not persuaded that
the applied prior art discloses or would appear to have suggested
the limitations of "calculation means for calculating a time
shift between packets received on said main path and on said
substitute path. . . ." Therefore, we reverse the rejection of
claims 18 and 19 and of claims 20 and 23-31, which depend from
claim 19, as anticipated by Foglar. We also reverse the
rejection of claims 21, 22, and 32-37, which depend from
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007