Ex parte BALDUS et al. - Page 4




          Appeal No. 97-0784                                                           
          Application 08/174,648                                                       

               Appellants argue (Br5-6), and the Examiner admits (EA6),                
          that neither Stamm nor Takahashi discloses that "the step of                 
          resending is performed only after ensuring that the conditions               
          under which the original request was generated still dictate                 
          that the request should be performed," as recited in claim 9,                
          or that "the second device resends the request packet only if                
          the conditions requiring the operation are still valid," as                  
          recited in claim 9.                                                          
               The Examiner reasons as follows (EA6):                                  
               Clearly, if the data at the memory location is no longer                
               needed, it would make no sense, in fact it would waste                  
               valuable processing time, bus bandwidth and memory                      
               bandwidth for the processor to resend the request for                   
               data that is not needed by a process.  If the data is                   
               needed by the processor, it would be necessary for the                  
               processor to resend the request packet for the stalled                  
               memory request.  It would have been obvious, therefore,                 
               to resend the request packet to the responding memory                   
               device only if the data at the memory location is still                 
               required, since requiring the system to operate any other               
               way would result in an extremely inefficient or possibly                
               inoperative system.                                                     
          Appellants argue (Br6):  "Because the Examiner could not find                
          any suggestion in the prior art, the rejection of the present                
          invention on obviousness has been improperly based on                        
          hindsight."                                                                  



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