Ex parte O'BRIEN - Page 4




          Appeal No. 97-2657                                                          
          Application 08/359,286                                                      



          ing obviousness, the claimed invention should be considered as              
          a whole; there is no legally recognizable 'heart' of the                    
          invention."  Para-Ordnance Mfg. v. SGS Importers Int'l, Inc.,               
          73 F.3d 1085, 1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995),                  
          cert. denied, 117 S.Ct. 80 (1996) citing W. L. Gore & Assoc.,               
          Inc. v. Garlock, Inc., 721 F.2d 1540, 1548, 220 USPQ 303, 309               
          (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).                        
                    On page 5 of the brief, Appellant argues that                     
          Watanabe fails to teach or suggest "the timer being reset to                
          zero each time the at least one device accesses the bus, such               
          that the timer has a value indicating an elapsed time since                 
          the at least                                                                
          one device last accessed the bus" as recited in Appellant's                 
          claim 1.  Appellant further argues that Watanabe fails to                   
          teach "the timer being reset to a previously determined                     
          minimum access interval associated with the at least one                    
          device each time the at least one device accesses the bus, the              
          timer counting down toward zero" as recited in Appellant's                  
          claim 7.  Appellant further argues on page 6 of the brief that              
          Watanabe fails to teach "resetting the corresponding timer                  

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