Ex parte KATO et al. - Page 6

          Appeal No. 96-0950                                                          
          Application No. 07/727,932                                                  

          means for performing function (2) from Katzman.  Appellants argue           
          that Quinquis lacks means for performing either function and that           
          the examiner has failed to indicate where the prior art suggests            
          the desirability of adding the recited features to Quinquis as              
          required under In re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d            
          1780, 1783-84 n.14 (Fed. Cir. 1992).  Reply Brief at 2.  We agree           
          with appellants.                                                            
                    1.   Means For Checking a Number of Data On a Data Bus            
               According to the examiner, the recited means for checking is           
          satisfied by Quinquis checking whether the occupation bus is a              
          “1" or a “0.”  Examiner’s Answer at 6.  Appellants argue that               
          Quinquis does not check a number of the data being transferred on           
          the data bus.  Appeal Brief at 7.  We agree with appellants.                
               Even under the broadest reasonable interpretation of the               
          recited means, we unable to say that checking whether the                   
          occupation bus is a “1" or a “0” constitutes checking a number of           
          data on the data bus.  Even if checking for a “1" or a “0"                  
          constituted checking a number of data on a bus, Quinquis checks             
          for a “1" or a “0" on the occupation bus, not the data bus as               
          required by the claims.  Column 4, line 65 through column 5, line           
          2.  Although the state of the occupation bus is intended to                 
          reflect whether or not the data bus is occupied, Quinquis does              


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