Ex parte ECCLESINE - Page 7




          Appeal No. 1998-2749                                                        
          Application 08/637,062                                                      

               With respect to claim 20, Appellant argues (Br6) that the              
          Examiner has not identified what corresponds to the "decision               
          logic" which compares the count value of the held frame counter             
          "with a variable threshold value to determine whether to engage             
          said DMA circuit in unloading said memory buffer" (emphasis                 
          added).  The Examiner finds that Hausman teaches (at col. 3, lines          
          10-42) an adapter programmed to initiate DMA backup mode once               
          receive FIFO 170 has less than a receive FIFO free byte threshold           
          number of remaining available bytes (EA7).                                  
               The Examiner does not address the "variable" limitation.  As           
          disclosed by Appellant, the variable threshold value "may be based          
          on the rate of unloading said data frames from the memory buffer"           
          (specification, p. 8, lines 10-12; claim 21).  Hausman discloses a          
          fixed FIFO free byte threshold number indicating the remaining              
          available bytes in the RX FIFO 170 (col. 3, lines 33-42; figure 5,          
          step 520), i.e., a fixed DMA enable threshold.  While Hausman               
          discloses an adjustable (variable) Early Receive (Early RX)                 
          Threshold, this has to do with the data transmission, not a DMA             
          backup mode (col. 3, lines 10-32).  Thus, we find that Hausman              
          does not describe a "variable threshold value."  The rejection of           
          claim 20 is reversed.                                                       

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