Ex parte ECCLESINE - Page 5




          Appeal No. 1998-2749                                                        
          Application 08/637,062                                                      

          Dictionary of Computing (McGraw-Hill, Inc., 10th ed., 1993) (copy           
          attached).  Thus, the packets in Hausman are "data frames" as               
          claimed.  Since Hausman deals with packets of variable length,              
          Hausman keeps track of bytes rather than a number of fixed length           
          data frames.  Claim 12 does not recite fixed length data frames             
          and such an implied limitation is not read into the claim.  For             
          these reasons, we sustain the rejection of claims 12, 19, 26, and           
          27.                                                                         
               Appellant argues that the Examiner has not identified where            
          Hausman teaches the loader limitation of claim 13 and the unloader          
          limitation of claim 14 (Br6).  We interpret this as an argument             
          that Hausman does not teach these limitations since it would be             
          misleading to argue that the Examiner has not shown where the               
          limitations are found if Appellant knew that the limitations were,          
          in fact, disclosed.  The Examiner finds, as to claim 13, that DMA           
          ring buffer Write index specifies the address to which the next             
          byte will be written (EA6) and, as to claim 14, the DMA ring                
          buffer Read index specifies the address of the next byte to be              
          read (EA7).                                                                 
               Although we find that the Examiner errs in relying on the DMA          
          ring buffer, we find the limitations of claims 13 and 14 to be              

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