Ex parte BRYG et al. - Page 9




           Appeal No. 1997-0708                                                                     
           Application 08/196,618                                                                   

                 the cache during a read/write request.  However, Thacker                           
                 et al. show the timing for read and write data from a                              
                 request module to a receiving module (see fig. 3A-B and                            
                 col .7 [sic], lines 52-55).  It would have been obvious                            
                 for one of ordinary skill in the data processing art at                            
                 the time the invention was made to incorporate a clock                             
                 into each of the modules for keeping track of the                                  
                 requests from the module because it would improve the                              
                 system taught by Thacker et al. by keeping track of the                            
                 requests independently in each of the modules.                                     
           Appellants do not argue the "lock" limitation.  We note that                             
           the Examiner has misinterpreted the claimed "lock for                                    
           interrupting access" (emphasis added) as a clock.  Therefore,                            
           the Examiner's conclusion that it would have been obvious to                             
           incorporate a clock does not respond to the claim limitation.                            
           It is clear that the Examiner is referring to a clock, instead                           
           of a lock, because the referenced text at column 7,                                      
           lines 52-55, deals with clock lines.  The Examiner's finding                             
           that figures 3A and 3B somehow deal with timing is not                                   
           understood, since "FIGS. 3A and 3B show the allocation of                                
           address bits for two preferred embodiments of the present                                
           invention" (col. 3, lines 8-10).  Figure 3C shows clock lines                            
           116, but this has no relevance to the claimed lock.  Since the                           
           Examiner's rejection fails to address the claimed "lock for                              
           interrupting access," the Examiner has failed to establish a                             
           prima facie case of obviousness for this additional reason.                              
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