Appeal No. 2000-2282
Application 08/713,046
transmissions would satisfy step (b) and a second of such
multiple transmissions would satisfy step (c), since the second
transmission is separate from the first. Thus, a typical Bosack
gateway circuit (76), shown in Bosack’s Figure 3, makes a
separate transmission of the packet, as recited in step (c).
Implicit in Appellants’ argument that Bosack’s multiple
transmissions of the packet only satisfy step (b) and do not meet
step (c) because step (b) is performed in order to deliver the
packet to its destination, is the argument that the transmission
in step (c) occurs not for delivery of the packet to its
destination, but for delivery of the packet to the network
monitor for monitoring purposes. However, step (c) does not
state why the second transmission is being made. As such, the
scope of step (c) includes a second transmission being made for
the purposes of delivering the packet to its destination, that is
for broadcasting. We appreciate that Appellants’ invention
relates to a single monitoring device (9) which obtains a copy of
a packet that is transmitted to its destination so that the
monitoring device (9) can monitor traffic on multiple network
segments (2). However, the language of step (c) of claim 25 is
broad enough to read on Bosack’s multiple transmissions of a
packet in order to deliver the packet to its destination station.
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