Ex Parte Winkler et al - Page 7



             Appeal No. 2006-3044                                                         Page 7               
             Application No. 10/285,939                                                                        

             Since appellants’ arguments with respect to this rejection have treated these                     

             claims as a single group which stand or fall together, we will consider                           

             independent claim 1 as the representative claim for this rejection.  See                          

             37 C.F.R. § 41.37(c)(1)(vii)(2004).                                                               

                   Appellants argue that the cited references do not teach nor suggest                         

             “buffer elements each being uniquely assigned to one of said command                              

             tags,” as claimed [brief, page 6, emphasis added].  Appellants further argue                      

             that the examiner’s interpretation of the term “uniquely” contradicts the                         

             dictionary definition of “unique” [id.].  Appellants assert that Harriman’s                       

             disclosure of multiple buckets that may be associated with a single command                       

             tag teaches away from the language of the claim [brief, page 7].                                  

                   The examiner disagrees [answer, page 18].  The examiner argues that                         

             Harriman’s buffer unit (i.e., Read Data Return Buffer (RDRB) 270 of fig. 2A)                      

             stores received response data (col. 5, lines 52-65), where the buffer unit                        

             (RDRB 270) has a plurality of buffer elements (buckets 272, fig. 2A) with                         

             each bucket being uniquely assigned to one of the command tags (col. 9,                           

             lines 64-67) [answer, page 18].  The examiner asserts that Harriman’s load                        

             logic uses the command tag to load the command response into appropriate                          

             bucket(s) in the RDRB (i.e., buffer) and this implies that each buffer element                    

             is uniquely assigned to one of the command tags [id.].                                            









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