Appeal No. 1996-1235 Paper No. 33
Application No. 08/067,262 Page 2
It appears from the record that Compaq Corporation is the
real party-in-interest. E.g., Paper No. 32, Resp. to Order,
at 2. Rather than delay this appeal over formal requirements,
the formal requirements of paragraphs (c)(1) and (c)(2) have been
waived in this appeal.2 Note that waiver of the formal
requirements of paragraphs (c)(1) and (c)(2) does not relieve
Appellants or their real party-in-interest of any obligation to
provide information material to the prosecution of the underlying
application, potentially including information about the real
party-in-interest and related proceedings. 37 CFR § 1.56; see
Refac Int'l, Ltd. v. Lotus Dev. Corp. , 81 F.3d 1576, 1581,
38 USPQ2d 1665, 1669 (Fed. Cir. 1996) (Fact that declarants were
former employees of assignee was material); In re Berg, 140 F.3d
1428, 1435 nn.7&8, 46 USPQ2d 1226, 1231 nn.7&8 (Fed. Cir. 1998)
(Failure to report related proceeding was misleading).
Decision on the merits
The invention is directed to a computer system that
transmits portions of a write data block with a preselected
number of intervening bus cycles during which a read command is
transmitted.
2 The Chief Administrative Patent Judge is a member of this
panel and is authorized to waive appellate rules. 37 CFR
§ 1.183; U.S. Patent and Trademark Office, Manual of Patent
Examining Procedure § 1002.02(f) (February 2000).
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