Appeal No. 2004-1337
Application No. 09/783,923
BACKGROUND
Appellants’ invention relates to multicast transmissions in a multistage
interconnect network. An understanding of the invention can be derived from a reading
of exemplary claim 154 , which is reproduced in the appendix to the brief.
The reference of record relied upon by the examiner in rejecting the appealed
claims is:
McMillen et al. (McMillen) 5,321,813 Jun. 14, 1994
Claims 154-165 stand rejected under 35 U.S.C. § 101 as claiming the same
invention as that of claims 86-95 of prior U.S. Patent No. 5,321,813.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
appellants regarding the above-noted rejections, we make reference to the examiner's
answer (Paper No. 11, mailed Oct. 3, 2003) for the examiner's reasoning in support of
the rejections, and to appellants’ brief (Paper No. 10, filed Jul. 16, 2003) for appellants’
arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
appellants’ specification and claims, to the applied prior art references, and to the
respective positions articulated by appellants and the examiner. As a consequence of
our review, we make the determinations which follow.
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