Ex Parte Vo - Page 2

                 Appeal 2007-1061                                                                                      
                 Application 09/967,601                                                                                
                        Appellant has invented a software thread function for a port that                              
                 establishes a virtual port that permits simultaneous sending and receiving of                         
                 data between two devices on both ends of the port (Specification 7 to 10).                            
                        Claim 1 is representative of the claims on appeal, and it reads as                             
                 follows:                                                                                              
                        1. A computer network comprising:                                                              
                        a plurality of network devices; and                                                            
                        a network coupled to the plurality of network devices, wherein the                             
                 network comprises a machine readable tangible medium storing code, the                                
                 code adapted to provide a virtual port comprising a send thread to send                               
                 outgoing data and a receive thread to receive incoming data, wherein the                              
                 send thread is adapted to send the outgoing data concurrent with the receive                          
                 thread receiving the incoming data.                                                                   
                        The prior art relied upon by the Examiner in rejecting the claims on                           
                 appeal is:                                                                                            
                 Hipp     US 6,859,835   Feb. 22, 2005                                                                 
                                                                          (filed Oct. 5, 1999)                         
                        The Examiner rejected claims 1 to 25 and 27 to 30 under 35 U.S.C.                              
                 § 102(e) based upon the teachings of Hipp.                                                            
                        Appellant contends that Hipp does not teach simultaneously sending                             
                 and receiving data via a single virtual port that uses send and receive threads                       
                 (Br. 9 to 12; Reply Br. 3).                                                                           
                        We affirm-in-part.                                                                             





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