Ex parte BENKUAL et al. - Page 5




          Appeal No. 96-1229                                                          
          Application 08/104,819                                                      

                              node, into said tail location in said                   
                              second queue of messages, and                           
                    (iv) second message receive means for performing a                
                         remote read of said first memory means, by way               
                         of said inter-node network, using said second                
                         head pointer means, to read a message from said              
                         head location in said first queue of messages.               


                                       Opinion                                        
               We do not sustain the rejection of claims 5-10 as being                
          unpatentable over Pagé and Johnson.                                         
               A reversal of the examiner’s rejection here is not an                  
          affirmative indication that the claims on appeal are                        
          patentable over prior art, even that cited and applied by the               
          examiner.  We focus only on the examiner’s rationale and                    
          stated position for rejecting these claims.                                 
               With regard to claim 6, the examiner erred in finding                  
          (answer at 5) that Pagé discloses or suggests use of a message              
          queue top pointer located in a different node from the node in              
          which the message queue resides.  The examiner stated:                      
               Pagé clearly shows the use of a client with a                          
               pointer to a conversation control block (CCB) chain                    
               including a CCB for a conversation with a server;                      
               and the server with a pointer to a CCB chain                           
               including a CCB for the same conversation and each                     
               participant’s CCB for the  conversation with a                         
               pointer to the CCB of the other participant for that                   
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