Appeal No. 1997-1351
Application 08/127,924
RCA Corp. v. Applied Digital Data Systems, Inc., 730 F.2d
1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).
Appellants argue (Br9-10) that the Examiner erred in
finding that processor 15 would process real-time tasks as
recited in independent claims 19 and 37, because Petty does
not disclose or suggest what sort of tasks processor 15
performs. The Examiner states (EA12-13) that Petty
discloses that processor 15 is the intelligence behind ISDN
terminal 10 (col. 3, lines 15-16), which is connected to
ISDN interface 11 to telephone line 26, and, thus, it
performs real-time telephone tasks. The Examiner finds
(EA13) that communication of display information to a
display is not time critical. Appellants argue that the
control of an ISDN interface is not a real-time process
(RBr6): "It is not critical that there is a continual and
definite reaction to incoming data using an ISDN interface.
In a worst case scenario, if data is lost using an ISDN
interface, this data is then re-transmitted."
We are not persuaded of error in the Examiner's
findings that telephone tasks performed by the M68000
microprocessor 15 are "time critical" or "real-time" tasks
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