Ex Parte HORNUNG et al - Page 9




          Appeal No. 2002-0278                                                        
          Application 08/797,674                                                      




               Upon our review of Tan, we find that Tan fails to teach                
               a request activation queue for storing request information             
               until the rings are accessible; and 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 request data             
               packets                                                                

          as recited in Appellants’ claim 1.  Furthermore, we fail to find            
          that Tan teaches                                                            
               storing request information in a request queue until the               
               rings are accessible; and storing response information in a            
               response queue until the memory access controller is                   
               accessible; monitoring system resources; constructing                  
               request data packets from the request information when                 
               system resources are available; and constructing response              
               data packets from the response information when system                 
               resources are available                                                
          as recited in Appellants’ claim 24.  In particular, we find that            
          Tan teaches a system that manages the transmit and received                 
          packets data buffer associated with high layer communication                
          protocol.  See column 8, lines 38 through 58, of Tan.  Tan                  
          further discloses that figure 2 illustrates eight access-class              
          transmit queues, one MAC-packet request queue and one non-MAC-              
          packet received queue.  Tan further discloses that the queuing              
          structure is used in a data communication controller.  See column           
          9, lines 33 through 56, of Tan.  Upon our further review of Tan,            
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