Ex Parte LEAK - Page 6



          Appeal No. 2003-1473                                                        
          Application No. 09/336,649                                                  
          connects or isolates two buses when closed or opened.2  However,            
          the switches of IBM TDB merely connect and disconnect buses in              
          order to isolate devices connected to each initiator or connect             
          all the devices to one initiator in case of failure of the other            
          initiator.                                                                  
               We also note that the Examiner, for the first time in page 8           
          of the answer, characterizes the SCSI duplex-ready logic 42 of              
          Pascarella as the claimed “repeater” and reasons that element 42            
          repeats all the signals of the first bus and uses switches 50               
          (Figures 13 and 14) for reproducing the signal.  Although                   
          Appellant chose not to file a reply brief in order to address               
          this point, it is imperative that we clarify whether the                    
          Examiner’s position supports a prima facie case of obviousness.             
          Pascarella, in col. 2, lines 24-34, discloses:                              
               To enable a SCSI simplex mode, the bus switches are closed             
               and the set or sets of terminators are selectively disabled            
               and/or enabled. A primary SCSI bus and a secondary SCSI bus            
               thereby form a single electrical bus.                                  
                    If a primary SCSI cable and a secondary SCSI cable are            
               present, the duplex-ready logic controller enables a SCSI              
               duplex mode. To enable a SCSI duplex mode, the bus switches            
               are opened and the terminators are selectively enabled                 
               and/or disabled. The primary SCSI bus and secondary SCSI bus           
               thereby are electrically separate busses.                              
               [Emphasis added.]                                                      
               2  To show a repeater in rejecting the claims, the Examiner should have
          probably considered the three references (specification, page 3, lines 8-10)
          cited by Appellant as examples of bus repeaters.                            
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