Ex Parte Chen et al - Page 11



           Appeal No. 2006-2754                                                                      
           Application No. 10/108,109                                                                
           gateway station collects beacon from other stations to determine                          
           whether their signal strengths meet or fall below a proximity                             
           threshold.  Gateway stations with signal strength that fall below                         
           the threshold are ignored, whereas those that meet the threshold                          
           are ranked on a list from most preferred to least preferred.                              
                 It is our view that one of ordinary skill in the art at the                         
           time of the present invention would have readily found that                               
           Ramanathan’s teachings do not amount to the Appellants’ invention                         
           as set forth in representative claim 8.  The ordinarily skilled                           
           artisan would have duly recognized that even though Ramanathan                            
           teaches an affiliation procedure and an affiliation check wherein                         
           a station member can become a station gateway, such processes                             
           however, do not involve a self-assessment of a node wherein at                            
           least two factors are used in a formula to determine whether the                          
           node should acquire the status of a cluster head.  Ramanathan’s                           
           procedures only involve a single factor (ability to communicate                           
           with other gateway stations), which does not necessarily ensue                            
           from a self assessment of the node station.  Similarly, the                               
           ordinarily skilled artisan would have duly recognized that                                
           Ramanathan’s teaching of self-assessing whether a cluster gateway                         
           should preserve its status is not based on two factors that are                           
           used in a formula as required by the representative claim.                                

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