Appeal No. 1998-2226
Application No. 08/454,268
data alignment device with the order of data within the length
of data being determined by the connections between the first
and second ports of the data alignment device." (claim 1).
As asserted by the Examiner, answer at page 5,
Szczepanek,
col. 18, lines 55-65, does state that "a byte counter is
maintained for data alignment." However, Szczepanek's "data
alignment" is not the same data alignment as recited in the
claim. In Szczepanek, the byte counter simply makes sure that
the proper parts of a frame (an information packet) are
appended to the frame at particular times of the transmission
of the frame. In Szczepanek, therefore, there is no shifting
of data among the various ports as alleged by the Examiner.
This is clearly different from the data alignment device as
claimed in the recited language which allows simultaneous
shifting of data from each of the subsidiary FIFOs by
controlling the connections between the first and second
ports. The byte counter of Szczepanek simply monitors and
controls the order in which various parts of a frame are
appended to the frame as it is being transmitted between the
internet and the first computer. Thus, we agree with
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