Ex parte KIM - Page 6




              Appeal No. 1999-1116                                                                                        
              Application No. 08/635,170                                                                                  

              counter 236), upon which the rejection relies, are not disclosed as comparing an                            
              "incremented timer value," but are disclosed as sending signals upon counting the number                    
              of loops to be made during a particular data block transfer transaction, upon counting                      
              index signals, and upon counting byte sequences.  Machado at col. 17, ll. 50-67.                            
                     We therefore cannot sustain the section 102 rejection of independent claims 3 and                    
              9, and thus cannot sustain the rejection of any of claims 1-14.  Although Machado                           
              discloses (column 13) a sector timer, and suggests that other timing functions are                          
              performed (e.g., column 29, lines 1-9), we agree with appellant that not each and every                     
              element, as arranged in the claims, has been shown to be expressly or inherently                            
              disclosed by the reference.                                                                                 





















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