Ex Parte Borowski

Patent Trial and Appeal Board

Apr 29, 2014

10886095 (P.T.A.B. Apr. 29, 2014)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE PATENT TRIAL AND APPEAL BOARD
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Ex parte OLAF BOROWSKI
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Appeal 2011-011807
Application 10/886,095
Technology Center 2400
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Before JOSEPH F. RUGGIERO, ELENI MANTIS MERCADER, and
MICHAEL J. STRAUSS, Administrative Patent Judges.

MANTIS MERCADER, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2011-011807
Application 10/886,095

2
ANALYSIS
This is a decision on appeal under 35 U.S.C. § 134(a) of the rejection
of claims 1, 2, 4, 6-16, 18-20, and 22-36.
We have reviewed the Examiner’s rejections in light of Appellant’s
arguments that the Examiner has erred. We concur with Appellant’s
contention that the Examiner erred in finding the combination of Thubert,1
Narayanan,2 and Gupner3 teaches a proxy networking device that responds
to a query from a host node to the router by transmitting the router
advertisement to the host node on behalf of the router as recited in claims 1,
15, 29, 30, 31, and 32.
As identified by Appellant (App. Br. 17-18; Reply Br. 8-9), inter alia,
neither Thubert nor Narayanan discloses the network proxy device that
“respond[s] to a query from a host node to the router by transmitting the
router advertisement to the host node on behalf of the router.” The
Examiner relied on Gupner for the teaching of a device that acts as a proxy
on behalf of a router (Answer 43; Final Rejection 6-7). In reviewing
Gupner, we find no support for a network proxy device that acts on behalf of
a router. The proxy object is merely a router for the persistent object, not a
proxy for acting on behalf of a router.
Accordingly, we will not sustain the Examiner’s rejection of
independent claims 1, 15, 29, 30, 31, and 32, and the rejections of dependent
claims 2, 4, 6-14, 16, 18-20, 22-28, and 33-36 for the same reason as stated
supra.

1 U.S. Patent No. 7,190,678 B2 (Mar. 13, 2007).
2 U.S. Patent App. Pub. No. 2006/0155878 A1 (Jul. 13, 2006).
3 U.S. Patent No. 6,195,709 B1 (Feb. 27, 2001).
Appeal 2011-011807
Application 10/886,095

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DECISION
The decision of the Examiner to reject claims 1, 2, 4, 6-16, 18-20, and
22-36 is reversed.
REVERSED

msc