Ex Parte GUPTA et al - Page 7




                Appeal No. 2002-1527                                                                              Page 7                    
                Application No. 08/885,817                                                                                                  


                (Fed. Cir. 1984); Connell v. Sears, Roebuck & Co., 722 F.2d 1542, 1548, 220 USPQ                                            
                193, 198 (Fed. Cir. 1983); Kalman v. Kimberly-Clark Corp., 713 F.2d760, 771, 218                                            
                USPQ 781, 789 (Fed. Cir. 1983)).                                                                                            


                        Here, Aziz describes "communication between a node I coupled to private                                             
                network 22, and a node J coupled to the private network 30, as shown in FIG. 2."                                            
                Col. 6, ll. 59-61.  The reference explains that nodes I and J can operate as "firewall                                      
                machines coupled between their respective networks and the Internet 20."  Col. 7, ll. 3-                                    
                4.  "For a description of . . . firewalls," id. at ll. 4-5, Aziz refers to and "incorporate[s]                              
                fully . . .  by reference,"5 col. 1, ll. 12-13, a patent application, which is now U.S. Patent                              
                No. 5,416,842 ("'842 Patent").  Teaching that "firewalls (FWA) and (FWB) represent                                          
                computers, such as the computer illustrated in FIG. 1," col. 5, ll. 34-37, the '842 Patent                                  
                explains that each firewall "includes a central processing (CPU) 13. . . ."  Col. 4, ll. 46-                                
                47.                                                                                                                         
                                                                                                                                           
                        "Coupl[ing] the computers of a private network to the Internet 20," '842 Patent,                                    
                col. 4, l. 67 - col. 5, l. 1, each firewall "may thus act as a gatekeeper for messages and                                  

                        5"[A]n application may . . . incorporate the content of another document or part                                    
                thereof by reference to the document in the text of the specification.  The information                                     
                incorporated is as much a part of the application as filed as if the text was repeated in                                   
                the application, and should be treated as part of the text of the application as filed."                                    
                M.P.E.P. § 2163.07(b) (8th ed., rev. 1 Feb. 2003).                                                                          







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