Ex parte CLAES - Page 11




          Appeal No. 1996-3076                                                         
          Application 08/118,773                                                       

          reader and buffer memory reader of a printer or modem"                       
          (Br15).                                                                      
               Dieter discusses hardware and software monitor tools in                 
          the discussion of "The Problem" (pages 197-98), but this is                  
          Dieter's description of the prior art.  The pickup in the                    
          system described in Dieter includes a hardware component                     
          which attaches to the system bus (page 199, right col.,                      
          "4.2 Structure of the TMP").  The TMP has a comparator which                 
          checks addresses on the system bus for addresses within the                  
          range representing event classes and, if they match, "the                    
          matched address and the next data on the bus are stored with                 
          the timer contents in an event memory" (page 199, right                      
          col.); thus, there is also software associated with the                      
          pickup.  We find that the TMP monitor performs the function                  
          of picking up instantaneous information.  The structure of                   
          the pickups disclosed in the specification is "programs                      
          and/or circuits" (page 8, line 3).  We find that the TMP                     
          monitor in Dieter is equivalent to the disclosed structure                   
          because it contains both circuits (hardware) and programs                    
          (software) for picking up information on the system bus.                     
          Claim 10 does not recite the functions of reading from                       

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