Appeal No. 2001-2001
Application 08/870,600
The signaling message path from the beginning endpoint to the
ending endpoint in Shimizu and claim 41 is established or
determined before the actual establishment or the initiation of
the data path sequence in Shimizu and claim 41. Correspondingly,
the signaling message path in Shimizu is not used to convey data
or used as a data path as well outlined briefly at page 3 of our
original decision as to the embodiments in Shimizu shown in
Figures 1-5 and the separate embodiment shown in Figures 6 and 7.
The mere reservation of the bandwidth in Shimizu to the examiner,
to us, and we strongly believe to the artisan, is not equivalent
to or intended by Shimizu to correspond to the actual initiation
of the establishment of the data path according to the switching
circuitry clause of claim 41 on appeal.
According to the first embodiment in Shimizu, Figure 1
shows a separate cross connect network for data path communi-
cation purposes and a separate initial signaling path that is
for control signal communications. The signaling network 4 in
Figure 1 first transmits control signal from the transient
switches (TS) and the local switches (LS). Correspondingly, the
data itself is then transferred through the local switches (LS)
and through the ATM cross connect network illustrated at the top
portion of representative figure 1 of Shimizu only after the
4
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