Ex Parte FRASER et al - Page 4




              Appeal No. 2003-0483                                                                                        
              Application No. 09/375,429                                                                                  


              this means that two node addresses may have the exact same node address provided                            
              they are located in different domains.  Appellants contrast this teaching by Gervais with                   
              the instant invention which requires the device identity to be globally unique so that no                   
              two devices may have the same identity no matter where they are located.                                    
                     We agree with the examiner and will sustain the rejection of claims 1-3, 6-8,                        
              11-13 and 16-18 under 35 U.S.C. § 102.                                                                      
                     While we understand the differences between the instant disclosed invention and                      
              that which is disclosed by Gervais, the instant invention, as claimed, is, in our view,                     
              much broader than envisioned by appellants.                                                                 
                     Since Gervais discloses the receipt of a packet and adds a network layer header,                     
              the network layer address referring to a network number and a node address, the                             
              examiner has reasonably concluded that Gervais discloses the receiving of a packet                          
              that includes identification information that is distinct from location address information.                
              The network number constitutes identification information and the node address                              
              constitutes location address information and these two pieces of information are distinct                   
              from each other.                                                                                            








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