Ex parte FENWICK et al. - Page 3




            Appeal No. 1997-3837                                                                              
            Application No. 08/269,251                                                                        


            answer (Paper No. 13, mailed Apr. 28, 1997) for the examiner's reasoning in support of            
            the rejections, and to the appellants’ brief (Paper No. 12, filed Jan. 17, 1997)  for the         
            appellants’ arguments thereagainst.                                                               


                                                  OPINION                                                     

                   In reaching our decision in this appeal, we have given careful consideration to the        
            appellants’ specification and claims, to the applied prior art references, and to the             
            respective positions articulated by the appellants and the examiner.  As a consequence of         
            our review, we make the determinations which follow.                                              
                   Appellants argue that the Schanin reference does not teach or suggest the “means           
            for requesting control of said system bus, prior to said determining means determining            
            whether such control is required” as recited in claim 1.  We agree with appellants.  The          
            examiner states that Schanin does not teach or suggest this critical feature of the claimed       
            invention on page 4 of the answer.  The examiner maintains that it would have been                
            obvious to one of ordinary skill in the art at the time of the invention to request control of the
            system bus prior to determining whether control was required “because this feature would          
            allow for initialization of the commander modules and would allow the commander modules           
            to interface with the bus and determine whether further access of the bus is required by a        
            particular command module.”  (See answer at page 5.)  Appellants argue that  the                  


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