Ex Parte BENMOHAMED et al - Page 6




          Appeal No. 2002-2288                                                        
          Application No. 09/198,727                                                  
          description of the physical form taken by the “values” that are             
          output is provided.  We disagree.  The claim recites that the               
          method is “processor based” and the specification at page 7, lines          
          1-14 lay out the routing processor, the optimization processor,             
          and the capacity to bandwidth processors.  The specification also           
          illustrates that the output is displayed as information to the              
          user of the design system.                                                  
               Second, the examiner states that Fig. 1 is the only figure             
          that depicts the system that would perform the mathematical                 
          algorithm and that the block diagram form of Fig. 1 provides                
          inadequate detail to enable one of ordinary skill in the art to             
          make or use the invention as claimed without performing undue               
          experimentation.  Again, we disagree with the examiner’s                    
          conclusion.  Although informal, the drawings of figures 1-5 appear          
          to outline the manner of performing the claimed method, and the             
          specification discusses the manner in which the method is to be             
          implemented in sections 1.0 (link capacity computations), 2.0               
          (network topology optimization).                                            
               Further, and relating to all the claims under rejection, the           
          examiner has not made a finding as to the level of ordinary skill           
          in the art such that a conclusion can be drawn. The appellants              
          urge that the choice of programming language and processor is a             
          design choice well within the skill level or the reasonable                 

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