Ex Parte MACCORMACK - Page 7



          Appeal No. 2003-0031                                                         
          Application No. 09/240,176                                                   


          the language of claims 1, 5, and 8 which requires that buffer                
          read access of at least one channel is restricted to only a                  
          respective buffer.  We also agree with Appellant (Reply Brief,               
          page 7) that the Examiner’s reference to channel 0 of Appellant’s            
          disclosure, which is described as writing to a plurality of                  
          buffers, as supporting the Examiner’s position is misplaced.  As             
          pointed out by Appellant, it is channels 1, 2, and 3 that have               
          restricted read access to a respective buffer, while channel 0               
          controls the storage of data in one of a plurality of buffers.               
               In view of the above discussion, since the Examiner has not             
          established a prima facie case of obviousness, the 35 U.S.C.                 
          § 103(a) rejection of independent claims 1, 5, and 8, as well as             
          claims 2-4, 6, 7, 9-11, and 14 dependent thereon, is not                     
          sustained.                                                                   
               We also do not sustain the Examiner’s 35 U.S.C. § 103(a)                
          rejection of independent claims 12, 13, and 15 based on Osborne.             
          These claims differ slightly from independent claims 1, 5, and               
          8 discussed supra by requiring that “each of said channels is                
          able only to write to or read from at least one of said plurality            
          of buffers.”  As disclosed by Appellant in the example                       
          illustrated in Figure 4(a), channel 0 is able only to write to at            

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