Ex Parte REUMERMAN et al - Page 6




              Appeal No. 2002-1044                                                                                      
              Application No. 09/017,096                                                                                

              that Des Jardins teaches that the buffer is not enabled to write and thus discard occurs                  
              in the memory itself.  See pages 5-7 of the brief and the reply brief.                                    
                     We note that Appellants’ claim 10 recites:                                                         
                     comparator means cooperating with the counting means and the control                               
                     logic means such that, responsive to the programmable threshold value                              
                     for the degree of filling of the central cell memory being reached , and                           
                     evaluation of information determinable from the header of a received cell                          
                     relating to the packet of which the received cell is a part, each ATM cell of                      
                     the packet containing said received cell is discarded before arriving in the                       
                     central cell memory.                                                                               
              Similarly claim 20 recites:                                                                               
                     said comparator means cooperating with the counting means and the                                  
                     control logic means such that, responsive to a programmable threshold                              
                     value for the degree of filling of the central cell memory being reached,                          
                     and evaluation of information determinable from the header of a received                           
                     cell relating to the packet of which the received cell is a part, a                                
                     programmable number of links are defined on the basis of the sequence of                           
                     arrival of the ATM cells assigned to a relevant link, each ATM cell of the                         
                     packet belonging to the defined VC value being discarded before arriving                           
                     in the central cell memory.                                                                        
                     We further note that claims 10 and 20 are the only independent claims       before                 
              us.                                                                                                       
                     For this limitation, the Examiner relies on Des Jardins and points to column 2,                    
              lines 54-60, see pages 4 and 7 of the Examiner’s answer.                                                  







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