Appeal No. 2001-2001
Application 08/870,600
abstract of the disclosure at pages 45 and 46, and the showing
in disclosed Figure 3, which we observe is somewhat similar to
the combination of Shimizu's Figure 5A and Figure 5B.
Page 2 of the amendment filed on May 21, 1999 as Paper No.
12 canceled previous claims 21-40 and introduced new claims 41-
60. Previous versions of the claims pending were consistent
with the noted portions of the disclosure where the switching
circuitry was stated to actually "establish" the user information
data path over a switching network after the initial or first
endpoint received the response to the call requested from the
endpoint. It is the claimed version introduced in claim 41 that
now more broadly recites this feature as the "initiation of the
establishing" of a user information path over an information
transport network.
The Request for Rehearing, as well as the principal brief
and reply brief, have urged us to consider from Shimizu the
actual beginning through the ending of the signaling sequence
(of the signaling circuitry portion of claim 41) and the
corresponding teachings and suggestions of Shimizu as outlined
in our prior decision as comprising the initiating establishment
of a data path in the last clause of representative claim 41 on
2
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