Ex Parte Pronk - Page 3

                Appeal 2007-1786                                                                             
                Application 10/121,365                                                                       
           1    § 102(b) Appellant contends that claim 1 is not anticipated by Ishii because                 
           2    Ishii is directed to backup computing processors and is not directed to                      
           3    emergency control means and an emergency control unit which allow                            
           4    operation independent of a central control unit.  (Br. 4.)  Appellant explains               
           5    that "[c]laim 1 requires, in part, one or more of the peripheral apparatus                   
           6    being provided with emergency control means which are arranged to allow                      
           7    the peripheral apparatus to operate independently from the central control                   
           8    unit." (Id.)  According to Appellant, (Br. 4) "Ishii teaches that the operating              
           9    peripheral apparatus is always under the control of the CPU 11."  It is                      
          10    argued, (id.) that if both the control unit and emergency control means are                  
          11    satisfied by CPU  11 then it is not possible that the emergency control means                
          12    of Ishii are arranged to allow the peripheral apparatus  to operate                          
          13    independently from the central control unit.  Appellant further contends that                
          14    claim 1 requires, inter alia, an emergency control unit for controlling the                  
          15    emergency control means independently from the central control, and that                     
          16    since the Office Action states that in Ishii, the central control unit and the               
          17    emergency control unit are one and the same, Ishii does not teach or suggest                 
          18    an emergency control unit for controlling the emergency control means                        
          19    independently from the central control.                                                      
          20          The Examiner contends that the CPU of Ishii functions as both a                        
          21    central control unit and an emergency control unit.  (Answer 3.)  The                        
          22    Examiner argues that given the fact “that the peripheral apparatus can                       
          23    operate in response to the control signals from the emergency control unit,                  
          24    which is part of the CPU 11, it inherently operates independently from the                   
          25    normal action deciding means, which is also part of CPU 11.”  (Answer 4.)                    
          26                                                                                                 

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