Appeal 2007-1061
Application 09/967,601
ISSUE
Does Hipp describe a virtual port that is capable of simultaneously
sending and receiving data? If a virtual port is described in Hipp, does Hipp
use threads to simultaneously send and receive data?
FINDINGS OF FACT
Appellant describes a virtual port in which a send thread is created to
support the sending of data between two network devices, and a receive
thread is created to support the receiving of data between the two network
devices (Specification 7 to 10). As indicated supra, the virtual port
simultaneously sends and receives data.
Hipp recognizes that a port does not normally send and receive data in
a simultaneous manner (col. 1, ll. 41 to 44). In order to avoid a collision
between send data and receive data, Hipp creates a virtual port by
multiplexing the send and receive data between at least two ports (col. 3, ll.
22 to 33; col. 4, ll. 27 to 40; col. 5, ll. 15 to 18, 39 to 42, and 64 to 67; col. 6,
ll. 15 to 17; col. 7, l. 66 to col. 8, l. 12; col. 8, ll. 53 to 58). Hipp uses the
term “a virtual port” because the second port is transparent to the two
applications that are sending and receiving data to an intended first port (col.
2, ll. 33 to 36 and 52 to 55; col. 3, ll. 1 to 22; col. 6, ll. 15 to 17).
PRINCIPLE OF LAW
Anticipation is established when a single prior art reference discloses
expressly or under the principles of inherency each and every limitation of
the claimed invention. Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342,
1347, 51 USPQ2d 1943, 1946 (Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475,
1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994).
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Last modified: September 9, 2013