Appeal No. 2001-0848
Application 09/144,414
Claims 1-4, 6, 8-11 and 13 stand rejected under 35 U.S.C.
§ 103. As evidence of obviousness the examiner offers Mahany and
the standard TCP/IP protocols with respect to claims 1, 3, 4, 6,
8, 10, 11 and 13, and the examiner adds Blasbalg to this
combination with respect to claims 2 and 9.
Rather than repeat the arguments of appellant or the
examiner, we make reference to the brief and the answer for the
respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejections advanced by the examiner and the evidence
of obviousness relied upon by the examiner as support for the
rejections. We have, likewise, reviewed and taken into
consideration, in reaching our decision, the appellant’s
arguments set forth in the brief along with the examiner’s
rationale in support of the rejections and arguments in rebuttal
set forth in the examiner’s answer.
It is our view, after consideration of the record before
us, that the evidence relied upon and the level of skill in the
particular art would not have suggested to one of ordinary skill
in the art the obviousness of the invention as set forth in the
claims on appeal. Accordingly, we reverse.
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