Ex Parte LAFOLLETTE et al - Page 9




          Appeal No. 2002-1135                                                        
          Application 09/416,497                                                      

          appellants' description of the 1394 Standard teaches generating             
          arbitration requests encoded with a priority for either a current           
          fairness interval or a next fairness interval, as claimed.                  
               Therefore, we find the combination fails to teach or suggest           
          generating an arbitration request encoded with a priority that              
          identifies whether the request is for a current fairness interval           
          or a next fairness interval.  The rejection of claim 1, and its             
          dependent claims 2 and 3, is reversed.                                      

          Claims 5-7                                                                  
               The examiner finds that Haynie fails to elaborate on marking           
          the priority requests (FR5).  Thus, it appears that the examiner            
          finds that the combination of Haynie and Duckwall does not teach            
          "marking the request as a first priority if the request is for a            
          current fairness interval; and marking the request with a second            
          priority if the request is for the next fairness interval."  The            
          examiner finds that Lemay discloses how to mark a request with a            
          highest and lowest priority, and concludes that it would have               
          been obvious to modify the system of Haynie and Duckwall in view            
          of the procedures in Lemay (FR5).  It is also stated that Lemay             
          discloses marking the priority for the current or next fairness             
          interval (EA10).                                                            
               Appellants argue that Haynie and Duckwall both fail to teach           
          or suggest creating an arbitration request wherein priority is              

                                        - 9 -                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007