Appeal No. 1998-2749
Application 08/637,062
Claims 12-14, 19, 20, and 26-31
As to claims 12, 19, 26, and 27, Appellant argues that the
field RX Bytes in Hausman measures the number of bytes stored in
the buffer and has nothing to do with the frame count (Br6). The
Examiner responds that claim 12 does not expressly recite counting
frames, and the held frame monitor could count the number of data
words (EA6). The Examiner points to page 20 of the specification,
which describes that the threshold value could be based on the
capacity of the memory buffer (EA6).
We agree with the Examiner that "a held frame monitor . . .
for monitoring the data frames loaded into said memory buffer and
unloaded from said memory buffer" does not positively require
keeping a frame count, i.e., "monitoring the data frames" is not
"monitoring the number of data frames." The limitation of
"monitoring the data frames" can be broadly interpreted to read on
keeping track of the buffer capacity as shown in the RX Bytes
field in Hausman. This interpretation is consistent with
Appellant's specification which describes that the threshold value
can be based on the number of data frames or the number of data
words loaded into the buffer (specification, p. 20, lines 3-28).
A "packet" is defined as "[s]ynonymous with data frame," IBM
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