Ex Parte Craddock et al - Page 6




               Appeal No. 2006-1030                                                                                                    
               Application No. 09/895,233                                                                                              

               inherency arguments in the paragraph bridging pages 8 and 9 of the Answer clearly answer the                            
               appellants’ remarks at page 12 of the Brief since the reference clearly indicates to the artisan that                   
               it utilizes packet switching for its internal communications.                                                           
                       The portion of the Answer we reproduced earlier in this opinion also addresses                                  
               appellants’ argument in the paragraph bridging pages 11 and 12 of the Brief that Shah does not                          
               teach “each one of said plurality of virtual representations having a unique access control level.”                     
               To the extent broadly recited in the claims on appeal, we agree with the examiner’s view that                           
               different service levels are taught and supported within the teachings of the reference.  We also                       
               agree with the examiner’s observation that appellants have not defined the meaning of “access                           
               control levels” or “unique access control levels” within the specification as filed.  Appellants’                       
               discussion of the prior art at Specification, page 2, lines 24 and 25, indicates that the “end nodes                    
               are grouped into partitions and access is controlled through the P_Key.”  It appears that the                           
               examiner is correct that the Specification of appellants’ contribution in the art has no definable                      
               distinction of the term “unique access control level.”  Again, it is worth emphasizing that Shah                        
               operates within the same InfiniBand architecture as disclosed.  According to Shah’s contribution                        
               at the top of column 9, the architecture also permits programming service levels to virtual lane                        
               mapping tables within the switches.  We therefore sustain the rejection of all claims rejected                          
               under 35 U.S.C. § 102.                                                                                                  






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