Ex parte SINDHU et al. - Page 5




          Appeal No. 95-4096                                                          
          Application No. 08/188,660                                                  


               The examiner rejects the claims as being “functional” and              
          not being “supported by recitation of sufficient structure to               
          warrant the presence of the functional language” [answer- page              
          3].  We disagree.                                                           
               We note that the examiner cites MPEP 706.03(c) as                      
          authority for a rejection based on claims being “functional.”               
          Reference to this section of the MPEP, however, indicates that              
          the section refers to rejections under the first paragraph of               
          35 U.S.C. 112 which would include lack of best mode, written                
          description and enablement problems.  There is nothing therein              
          giving the examiner authority to reject a claim as being                    
          “functional.”                                                               
               In any event, our review of instant claims 2 through 4                 
          reveals nothing therein which would be considered indefinite                
          within the meaning of 35 U.S.C. 112, second paragraph.  The                 
          claims recite the general structure which comprises a shared                
          memory multiprocessor system, such as a main memory, a                      
          plurality of processors, I/O devices and cache memories.  The               
          claims further recite a packet switched bus coupled to the                  
          main memory and to the cache memories for transferring                      
          commands, memory addresses and data between the memories in                 
                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007