Ex parte CURT et al. - Page 5




          Appeal No. 97-1213                                         Page 5           
          Application No. 08/459,561                                                  


          required by the claim.  Again, had the claim required “before               
          the computer bus transmits any request for said n+1th datum,”               
          this would have precluded the first read ahead command from                 
          the device driver since that command would have had to be                   
          transmitted by the computer bus.                                            
               Thus, we do not read claim 51 as precluding the situation              
          wherein the anticipatory read ahead command from the device                 
          driver over the computer bus causes the n+1th datum from being              
          stored in the adapter cache and, when, and if, the actual                   
          command comes from the computer to read the n+1th data, it can              
          be reasonably said that the n+1th datum has been read and                   
          stored from the peripheral bus into the interface (adapter)                 
          device “before said computer bus transmits a request [i.e.,                 
          the actual request, as opposed to the read ahead request] for               
          said n+1th datum...”                                                        
               Claim 52 falls with claim 51 as there is no separate                   
          argument by appellant as to the merits of the additional                    
          limitation of claim 52.                                                     
               The examiner’s decision rejecting claims 51 and 52 under               
          35 U.S.C. § 103 is affirmed.                                                









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