Appeal 2007-0036
Application 10/699,452
that “predefined moment in time” must refer to a “certain defined instant of
absolute time rather than a relative time” (Br. 15: 1-2) is not supported by
the specification, which does not specify either absolute or relative time
(Specification 7: 16-18).
With regard to claims 4 and 13, Buford teaches that the predefined
moment in time comprises a “periodic instant” (col. 17, l. 65). Appellants
argue that Buford is silent with regard to periodic and/or aperiodic instants
of time (Br. 15: 17). Appellants’ Specification, however, offers no special
definition of “periodic instant” or “aperiodic instant.” As noted above,
Buford teaches sending access requests with a given time between attempts.
We understand “given time” to mean that the same amount of time passes
between each successive attempt, i.e. that requests occur at a periodic
interval.
Appellants further allege that Buford teaches away from the
Examiner’s proposed modification of the prior art, in that Buford “appears to
teach away from defined instants of time” (Br. 15: 22-23)(emphasis
original). In the absence of any special definition of the term “instant,” or
any further explanation of the reasons Buford is alleged to teach away from
the proposed modification, we are unpersuaded by Appellants’ statement.
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