Ex Parte GALLAGHER et al - Page 5



          Appeal No. 2001-1926                                                        
          Application 08/777,722                                                      

          focus, if not entirely, upon the teachings, suggestions and                 
          showings in Bales itself with no additional evidence.  It is                
          therefore not apparent to us that the manner in which the                   
          examiner has quoted extensively from Bales itself as well as made           
          reference to additional references presents to us a prima facie             
          case of anticipation, particularly without a correlation of each            
          of the recited claimed limitations to Bales.                                
               We also find no prima facie case of anticipation within the            
          teachings, suggestions and showings of Bales to the subject                 
          matter set forth in representative independent claim 12 on                  
          appeal.                                                                     
               Even the overall architecture presented in Figure 1 of Bales           
          does not correlate to the overall architecture of appellants'               
          disclosed Figure 1.  A brief study of the abstract and summary of           
          the invention in Bales does not lead us to conclude that the                
          various applications recited in representative independent claim            
          12 on appeal are performed by the various types of controlling              
          functions in Bales.  The examiner has made no attempt to                    
          correlate structurally the at least two switch nodes required of            
          representative claim 12 on appeal.  Even though it is readily               



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