Ex Parte CHIANG et al - Page 4




               Appeal No. 2003-1240                                                                                                    
               Application No. 09/304,964                                                                                              

               statement of the rejection and the remainder of the responsive arguments, the                                           
               “memory” appears to be exemplified by FIFO 110, shown in Figure 7 of Wu.                                                
                       Wu’s FIFO’s 110, 120, and 140 are contained within cell input unit (CIU) 100.                                   
               Col. 13, l. 47 et seq.  Processor 200 (Fig. 8) comprises a number of such CIU’s.  Col.                                  
               15, l. 55 et seq.                                                                                                       
                       Instant claim 2 recites that the scheduler is configured to receive a request for a                             
               time slot from a queuing device (e.g., a FIFO) when the queuing device holds data to be                                 
               processed by the logic circuitry.  Processor 200 of Wu contains priority circuit 260,                                   
               which sequences the outputting of cells from each of the output FIFO’s 230, 240, and                                    
               250.  Col. 16, ll. 26-65.  Instant claim 2 also requires, however, that the plurality of                                
               queuing devices correspond to the plurality of receive ports, which might suggest                                       
               (multiple instances of) FIFO 110, which receive (or receives) the cells from a cell source                              
               (e.g., col. 13, ll. 58-62).                                                                                             
                       However, Wu describes, in express terms, the scheduling of cells.  Column 16,                                   
               lines 26 through 65 describe how cells in output FIFO’s 230, 240, and 250 are                                           
               sequenced for output.  Column 13, line 47 through column 15, line 54 describes how                                      
               token generator circuits 160 and 170 transmit tokens to switches 130 and 150, and                                       
               further describes the use of clock signals, to assign priority states to the cells produced                             
               by the particular source.  The rejection does not explain how Wu’s detailed disclosure                                  
               of cell scheduling might meet the terms of instant claim 2, but relies on inherency -- i.e.,                            
               what “must” be true of Wu’s system.                                                                                     
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