Ex parte NICHOLS et al. - Page 8




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


          application program interface coupled between a subsystem                   
          comprising a host CPU and a real-time signal processing                     
          subsystem.                                                                  
               We agree with Appellants that the DSP manager 71 of Chen               
          is not an API, does not generate API commands, and does not                 
          include an API.  A review of the reference, see column 25,                  
          lines 4 through 10, reveals that digital signal processor                   
          manager API controller 461, which is part of DSP manger 71,                 
          receives application program interface commands and routes                  
          them to function blocks 457, 459, and 463.  Therefore, the DSP              
          manager does not include an API but manages commands generated              
          by an API.  Unit 61 is the API of the Chen system and is, as                
          asserted by Appellants, part of the CPU subsystem.  Thus, Chen              
          does not meet the limitations of claims 1 and 3 nor of any                  
          claim which depends therefrom.                                              
               Independent claim 7 requires that the API interoperate                 
          with “the telecommunications [the CPU] subsystem and the                    
          virtual realtime device to enable the telecommunications                    
          subsystem to interoperate with [the] realtime signal                        
          processing operations.”   We find that in order for the API to              


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