Ex Parte BERGESON et al - Page 2




                Appeal No. 2003-0186                                                                               
                Application No.  09/033,529                                                                        

                higher priority (expedite) access to the computer memory than other devices in                     
                the computer.  Other devices are given a lower priority (non-expedite) access to                   
                the computer memory.  To prevent expedite device requests from starving out                        
                the requests from non-expedite devices, the expedite requests are throttled, see                   
                appellants’ specification page 5.  The step of throttling includes monitoring                      
                requests made to the system memory during a monitoring window, see page 7 of                       
                appellants’ specification.  Two counters are used in monitoring the requests for                   
                system memory, the first counter monitors the monitoring window period cycles                      
                and the second counter monitors the non-expedite period cycles, see pages 9                        
                and 11 of appellants’ specification and figure 2c.   The counters are compared                     
                and if they are equal, the expedite status of requests is masked, appellants’                      
                figure 3 is a flow chart of this process.  Thus, expedite requests are lowered to                  
                allow other devices to compete for access to system memory, see page 11 of                         
                appellants’ specification.                                                                         
                       Claim 1 is representative of the invention and is reproduced below                          
                       1.     A method comprising:                                                                 
                              monitoring expedite and non-expedite requests in a                                   
                       monitoring window having a predetermined duration to determine a                            
                       number of clock cycles for the expedite and non-expedite requests,                          
                       the number of cycles for the non-expedite requests being                                    
                       monitored by a non-expedite counter;                                                        






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