Ex parte HERBERT - Page 6



         Appeal No. 95-4815                                                        
         Application No. 08/065,387                                                

         spaced in that there are 385 addresses between the first and              
         second rows and there are also 385 addresses between the                  
         second and third rows.                                                    
              Therefore, we will sustain the rejection of claim 2 under            
         35 U.S.C. ' 103.                                                          
              With regard to claim 3, this claim contains the                      
         requirement, as does claim 1, that something actually receives            
         the consecutive data field from the processor and distribute              
         it to non-consecutive addresses (in the case of claim 3, those            
         non-consecutive addresses are also evenly spaced).  Therefore,            
         for the reasons supra, we will not sustain the rejection of               
         claim 3 under 35 U.S.C. ' 103.                                            
              With regard to claims 4 through 7, we will not sustain               
         the rejection under 35 U.S.C. ' 103 because the claims all                
         contain the limitation that the writing of character data into            
         video RAM be done “within 80 clock cycles…”                               
              The examiner recognized that Diepstraten disclosed                   
         nothing regarding the speed at which writing character data               
         into VRAM was performed but the examiner relied on Maruko for             
         the teaching of providing character data to a display memory              
         in the form of an 8 x 10 array of pixels.  The examiner then              
         concluded that it would have been obvious to use the character            


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