Ex Parte Mears et al - Page 7

                Appeal 2007-0399                                                                                
                Application 09/961,024                                                                          
                             control the flow of data, Earnest teaches using different flags on                 
                             different output channels to indicate start and stop messages.                     
                             (Earnest, Col. 11, ll. 35 to 45).  We find that Earnest is working                 
                             in the same field of endeavor, communication channels for                          
                             DMA controllers with data interface controllers, as Baker.                         
                             Indeed, they are addressing the same problem, namely                               
                             managing communications between the DMA engines and the                            
                             interface.                                                                         
                          6. We observe in the record of transactions of this prosecution, as                   
                             indicated in the PALM records and documents on file, that in                       
                             the Final Rejection mailed November 5, 2004, the Examiner                          
                             took Official Notice concerning the power savings circuits                         
                             being common in the prior art.  Appellants did mention the                         
                             Official Notice in the Amendment after Final Rejection filed                       
                             March 10, 2005, but we find that the Examiner’s use of Official                    
                             Notice was not traversed.  Appellants instead mentioned that                       
                             changes in the independent claim rendered the subject claim                        
                             allowable.  However, it is noted that the Examiner did                             
                             nonetheless support his Official Notice of power circuits and                      
                             the round-robin algorithm with the submissions of Fung,                            
                             Gulick, Dahlen and Vernon, used solely to bolster his statement                    
                             of Official Notice.  (Examiner’s Answer 12).                                       
                          7. Appellants contend that Claims 4 and 5 recite long lists of                        
                             different registers, not clearly pointed out by the Examiner to be                 
                             in the Baker reference.  (Br. 15).  We find that the wordings of                   

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