Appeal No. 2002-0278
Application 08/797,674
In re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430, 1435 (Fed. Cir.
2002).
Upon the reliance of the declaration of Bryan Hornung, we
find that the commercial activity described in the information
disclosure statement of April 30, 1997 did not include all the
elements of the claimed invention. Therefore, we will not
sustain the Examiner’s rejection of claims 1 through 13, 15
through 18 and 24 through 32 under 35 U.S.C. § 102 based upon a
public use or sale of the invention.
Rejection under 35 U.S.C. § 102 as being anticipated by Tan
Appellants point out that claim 1 recites a request
activation queue for storing request information until the rings
are accessible; a response activation queue for storing response
information until the memory access controller is accessible;
wherein the request information is used to construct request data
packets; and the response information is used to construct
response data packets. Appellants similarly point out that claim
24 requires storing request information in a request queue until
the rings are accessible; storing the response information in a
response queue until the memory access controller is accessible;
constructing request data packets from the request information
when system resources are available; and constructing response
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