Ex Parte MITTS et al - Page 10




              Appeal No. 2002-1306                                                                                       
              Application No. 08/993,321                                                                                 


                     Claim 4 recites that each of the switches is arranged to choose, in the beginning                   
              of the routing controlled by the switch, the tree topology to be used in the routing,                      
              “according to which tree topology’s centre point is located nearest to the switch in                       
              question.”  Since we find no such detail as to how such a tree topology is chosen                          
              disclosed or suggested by the applied references, and the examiner has not addressed                       
              this limitation, we will not sustain the rejection of claim 4.                                             
                     Similarly, we find no teaching or suggestion, by the applied references, of the                     
              transmission of an “identifier” of the tree topology routing to be used, as recited in claim               
              5, and the examiner has not addressed this limitation, we will not sustain the rejection                   
              of claim 5 under 35 U.S.C. § 103.                                                                          
                     As to claim 6, we will sustain the rejection of this claim, which depends from                      
              claim 1, because it is clear that Katzela is directed to telecommunications networks                       
              which are ATM networks, e.g., see column 6, line 59 of Katzela.                                            
                     We will also sustain the rejection of claim 7 under 35 U.S.C. § 103 because it is                   
              also clear that Katzela’s telecommunications network utilizes a Private Network-                           
              Network Interface (PNNI) protocol.  See column 4, lines 43-44, of Katzela.                                 
                     We will not, however, sustain the rejection of claim 8 because, like claim 5 supra,                 
              we find no teaching or suggestion by the applied references, and the examiner has not                      
              addressed the issue, of an “identifier” of the tree topology routing to be used.                           



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