Appeal No. 2000-2282
Application 08/713,046
network monitor. The fact that a characteristic of specifying
which packets are to be delivered to a network monitor may be
present in Bosack is not sufficient to establish the inherency of
that characteristic.
Thus, we find that the Examiner has not met the burden of
establishing that the specification steps as recited in
Appellants’ claim 27 are necessarily present in Bosack.
Therefore, we cannot sustain the Examiner’s rejection of claim
27. However, we affirm the Examiner’ rejection of claims 25, 26
and 28-31.
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