Appeal No. 95-5030
Application 07/815,694
ready for transfer, and specifies the maintaining of the order of
transfer "within each particular priority level."
In our view, each of claims 2, 17 and 26, either expressly
or implicitly requires multiple levels of priority wherein the
order of transfer for each priority level is in accordance with
the order of receipt by the control circuit. We recognize that
claim 17 does not expressly state "each" priority level.
However, we regard as unreasonable considering the language
"designating a priority level" and "sending, for said priority
. . . in the order of receipt" of claim 17 as having been met
where all transfer requests have the same priority and are
handled on a "first come first served" basis in sequential order.
The appellants are correct in noting that Sakon does not
disclose multiple levels of priority for the data transfer
requests. Rather, the data transfer requests are handled simply
in their sequential order of receipt. As is illustrated in
Figures 3B and 3C of Sakon, while there are three different data
input devices and the transfer requests are maintained separately
for each device, the requests are served in their overall order
of receipt with respect to all three input devices. In
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