Ex Parte JONES et al - Page 7




          Appeal No. 2003-0326                                                        
          Application No. 09/050,871                                                  

          Appellants argue that Cowgill and Gundersen fail to teach the               
          above limitation.  See pages 10 and 11 of the brief.  Appellants            
          argue that even if the UUT disclosed in Cowgill were considered             
          as a plurality of different systems merely based on the use of a            
          multitude of different signaling protocols, Cowgill specifically            
          emphasizes at col. 9, lines 48 through 59, that a transparent               
          generic interface is provided for testing communication network             
          components in contrast to the “different appropriate interface”             
          recited in Appellants’ claim 1.  Appellants argue that a                    
          different appropriate interface for each of the plurality of                
          disparate systems as recited in claim 1 is specifically and                 
          intentionally not disclosed or suggested by Cowgill.  See page 3            
          of Appellants Reply Brief.                                                  
               Upon our review of Cowgill, we find that Cowgill teaches a             
          system and method for testing telecommunication networks that               
          employ various signaling protocols.  See col. 5, lines 55 through           
          61 of Cowgill.  Cowgill further teaches testing of components               
          that employ in-band or out-of-band signaling.  “[I]n-band” is               
          defined as use of the same physical path for signaling user                 
          information such as voice, video and data.  “[O]ut-of-band”                 




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