Ex Parte Deshpande et al - Page 10

                   Appeal 2006-0016                                                                                                   
                   Application 10/347,536                                                                                             
                           processors being prohibited from gaining ownership of said                                                 
                           cache line during said processing of said Read transaction,                                                
                           wherein Read-Read deadlocks are prohibited, by teaching in                                                 
                           column 6, lines 42-51, a FORWARD-EXCLUSIVE state                                                           
                           wherein the data block is present in exactly one cache memory                                              
                           and is modified.                                                                                           
                   (Answer 4.)  The Appellants argue, "Donaldson does not describe blocking                                           
                   transactions that collide with the Read transaction from being received by                                         
                   the processor during processing of the Read transaction.  Donaldson teaches                                        
                   stopping the processing of new read commands, not blocking transactions                                            
                   from being received."  (Reply Br. 3.)  They further argue that "the                                                
                   combination of Donaldson and Arimilli does not render Appellant's claims                                           
                   unpatentable because Arimilli does not cure the deficiencies of Donaldson."                                        
                   (Reply Br. 3.)  Therefore, the issue is whether Donaldson blocks colliding                                         
                   transactions from being received by a processor that requested a Read                                              
                   transaction.                                                                                                       

                           In addressing the issue, the Board conducts a two-step analysis.  First,                                   
                   we construe independent claims at issue to determine their scope.  Second,                                         
                   we determine whether the construed claims are anticipated.                                                         

                                                   A. CLAIM CONSTRUCTION                                                              
                           "The Patent and Trademark Office (PTO) must consider all claim                                             
                   limitations when determining patentability of an invention over the prior                                          
                   art."  In re Lowry, 32 F.3d 1579, 1582, 32 USPQ2d 1031, 1034 (Fed. Cir.                                            
                   1994) (citing In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 403-04                                              
                   (Fed. Cir. 1983)).                                                                                                 


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