Appeal No. 2003-0326
Application No. 09/050,871
signaling is defined as signaling that traverses a completely
different physical path than does the user information path. See
col. 6, lines 14 through 20. Cowgill teaches that system 260
includes programmable switch 280 coupled to the Units Under Test
210, 220, 230 via in-band signaling paths 213, 223, 233 and an
out-band-signaling path 225. See col. 9, lines 17 through 24.
Cowgill further teaches that the system is programmable and the
sequence of instructions are adaptable to allow the switch 280
and the host controller 270 to adapt a particular signaling
protocol of the UUTs. See col. 9, lines 37 through 44.
We agree with the Examiner that Cowgill does disclose a
system and method for using different types of signals, in-band
and out-of-band signals, to test and analyze a unit under test in
a telecommunication system. However, we fail to find that units
under test are disparate systems. Furthermore, we fail to find
that Cowgill teaches a control interface providing an appropriate
interface for each of the plurality of disparate systems as
claimed. Therefore, we will not sustain the Examiner’s rejection
of claims 1 through 6 under 35 U.S.C. § 103 as being unpatentable
over Cowgill in view of Gundersen.
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