Appeal No. 2002-1187 Application No. 09/403,115 The prior art references of record relied upon by the examiner in rejecting the appealed claims are: Smith et al. (Smith ‘347) 4,967,347 Oct. 30, 1990 Mutone 5,086,499 Feb. 04, 1992 Giers (Giers ‘082) DE 43 41 082 Jun. 08, 1995 Giers (Giers ‘434) DE 195 29 434 Feb. 13, 1997 Smith, S.E., “Triple Redundant Fault Tolerance: A Hardware Implemented Approach,” ISA Transactions, Vol. 30, Number 4, pages 87-95, 1991. (Smith article) Claims 10-25 stand rejected under 35 U.S.C. § 103 as being unpatentable over Giers (‘434 or ‘082) in view of (Smith ‘347 or Mutone or Smith article). Rather than reiterate the conflicting viewpoints advanced by the examiner and appellant regarding the above-noted rejections, we make reference to the examiner's answer (Paper No. 17, mailed Dec. 28, 2001) for the examiner's reasoning in support of the rejections, and to appellant's brief (Paper No. 16, filed Nov. 5, 2001) for appellant's arguments thereagainst. OPINION In reaching our decision in this appeal, we have given careful consideration to appellant's specification and claims, to the applied prior art references, and to the respective positions articulated by appellant and the examiner. As a consequence of our review, we make the determinations which follow. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007