Ex Parte LAFOLLETTE et al - Page 13




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

          or a next fairness interval (Br16).  It is argued that Pritty               
          fails to cure the deficiencies of Haynie and Duckwall (Br17).               
               Claim 16 recites "the node to receive arbitration requests             
          for a current fairness interval and a next fairness interval from           
          other nodes in the topology" (emphasis added).  Thus, claim 16              
          requires receiving two different kinds of requests, one for a               
          current fairness interval and one for a next fairness interval.             
          As discussed in connection with claim 1, Haynie does not teach a            
          request for a current and a next fairness interval, but at best             
          teaches a request for one fairness interval.  Claim 17 recites "a           
          best arbitration request that is encoded with a priority that               
          identifies whether the request is for a current fairness interval           
          or a next fairness interval."  Thus, claim 17 require requests be           
          encoded with a priority for a current fairness interval and a               
          next fairness interval.  As discussed in connection with claim 1,           
          this is not taught by the combination of Haynie and Duckwall.               
          Pritty does not cure the deficiencies of Haynie and Duckwall.               
          For these reasons, the rejection of claims 16 and 17 is reversed.           










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