Ex Parte 4918645 et al - Page 13




         Appeal No. 2006-2217                                                       
         Reexamination Control Nos. 90/006,789 and 90/007,420                       

              Interfacing Dynamic RAM to iAPX 86, 88 Systems Using the              
              Intel 8202A and 8204, Application Note AP-97A, Intel Corp.,           
              April 1982, pages 3-110 to 3-145 ("AP-97A").                          
              51C64H High Performance Ripplemode™ 64K x 1 CHMOS Dynamic             
              RAM, Intel Corp., pages 2-1 to 2-20, June 1984 ("51C64H").            
              iSBC® MEM/312/310/320/340 Memory Boards User's Guide,                 
              Intel Corp., February 1985 ("iSBC MEM/3XX").                          
              Claims 1, 6, 12, and 17 are rejected under 35 U.S.C.                  
         § 103(a) as unpatentable over "Multibus II," "82C08," "51C64H,"            
         and Bruce.  "iSBC MEM/3xx" are applied as evidence of the level            
         of ordinary skill in the art.                                              
         Obviousness                                                                
              Factual findings                                                      
                   Scope and content of the prior art                               
                        Scope                                                       
              The "scope" of the prior art relates to whether references            
         are from analogous art.  See In re Deminski, 796 F.2d 436, 442,            
         230 USPQ 313, 315 (Fed. Cir. 1986) (the reference must either be           
         in the field of the applicant's endeavor or, if not, then be               
         reasonably pertinent to the particular problem with which the              
         inventor was concerned); Stratoflex, Inc. v. Aeroquip Corp.,               
         713 F.2d 1530, 1535, 218 USPQ 871, 876 (Fed. Cir. 1983) ("The              
         scope of the prior art has been defined as that 'reasonably                
         pertinent to the particular problem with which the inventor was            
         involved'.").                                                              
              The field of inventor's endeavor is memory controllers for            
         "page mode" access of DRAMs in a system having "requesting agents          
         and "replying agents" connected to a "system bus," in particular,          
         the Multibus II standard.  "Multibus II" and "iSBC MEM/3XX" both           
         relate to memory access in the Multibus II system and are within           
         the field of endeavor.  "82C08" relates to a memory controller             
         with "page mode" and "51C64H" is a DRAM with page mode, which can          
         be controlled by "82C08"; thus, both are within the field of               
         endeavor.                                                                  
              Patent Owner argues in connection with the examiner's                 
         rejection that Bruce is nonanalogous art (and, therefore, not              
         within the scope of the prior art) (Br48-50).  These arguments             
         are addressed in detail in connection with the rejection of                
         claims 6 and 17.  However, the short answer is that Bruce                  
         discloses apparatus for detecting and crossing a page boundary             
         in "page mode" memory accesses and is at least reasonably                  
         pertinent to the same problem facing the inventor.  The apparatus          
         is, in fact, identical.  Since Bruce also describes memory                 

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