Ex parte MACOMBER - Page 4




               Appeal No. 96-1919                                                                                                   
               Application 08/097,438                                                                                               

                                                             Opinion                                                                

                       With respect to claim 1, the examiner acknowledges that Truchard does not explicitly give                    

               details about decrementing an unprocessed count by the value of a processed count and contends that                  

               it would have been obvious to one of ordinary skill in the art to provide an arrangement in Truchard’s               

               apparatus because it would have allowed the system to decrement the unprocessed event count                          

               whenever an unprocessed event is processed.                                                                          

                       As to claim 4, the examiner states that Truchard does not teach transmitting a processed count               

               word which represents a processed count in response to a transmit signal, and resetting the processed                

               count in response to the transmission of each processed count word, and has taken the position that it               

               would have been obvious to provide apparatus in Truchard’s system for accomplishing these functions                  

               because it would have allowed the system to efficiently keep track of the number of events which are                 

               processed, thereby increasing the overall performance of the system.                                                 

                       With respect to the only other independent claim, claim 15, the examiner merely makes                        

               reference to his positions with respect to claims 1 and 4.                                                           

                       We will not sustain the rejection of claims 1, 4-8 and 15. With respect to claim 1, Truchard                 

               neither counts unprocessed events nor decrements an unprocessed count by the value of a processed                    

               count.  Contrary to the examiner’s position in the final rejection, Truchard’s system                                





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