Ex parte NICHOLS et al. - Page 5




          Appeal No. 1998-0905                                                        
          Application 08/284,061                                                      


          Chen includes an application program interface (API).  As DSP               
          manager 71 is coupled between the CPU subsystem (elements 59,               
          61, 63, 65, 67, and 69) and real-time subsystem 73 of Chen,                 
          the application program interface would also be “coupled                    
          between the subsystem and the realtime signal processing                    
          subsystem.”4                                                                
               Appellants traverse this rejection by asserting that the               
          DSP manager 71 of Chen is not an API, and does not include an               
          API nor does it generate API commands.  Instead, Appellants                 
          assert that DSP manager 71 receives API commands and routes                 
          them to the appropriate function.5  Appellants next argue that              
          the API 61 of Chen is not coupled between the CPU subsystem                 
          and the real-time signal processing subsystem as recited in                 
          the claimed inventions but is instead part of the CPU                       
          arrangement.6                                                               
               As pointed out by our reviewing court, we must first                   
          determine the scope of the claim.  “[T]he name of the game is               

               4 See pages 4 and 5, 8 and 11 of the answer.                           
               5 See page 9 of the brief.                                             

               6 See pages 7 and 8 of the brief.                                      
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