Ex Parte BERGESON et al - Page 5




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

                “request” are not directly defined in the appellants’ specification.  We interpret                 
                these terms as having their plain meaning.  The plain meaning of “monitoring” is                   
                “to observe”, which is consistent with the use of  the word in the appellants’                     
                specification (see for example page 7 lines 24-26).  The plain meaning of                          
                “request” is “the act of asking for something to be done” which is also consistent                 
                with the use of the word in the appellants’ specification (used in the context of                  
                requests to access system memory, see appellants’ specification page 6, lines                      
                10- 17).  The term “clock cycles” is also not defined directly in the specification,               
                however its customary meaning as a measure of time is consistent with the use                      
                of the term in the specification, (see for example page 13 line 19 which                           
                discusses the counter to measure the period of the monitoring window as 500                        
                clock cycles).                                                                                     
                       Finally, we find that in the limitation “the number of cycles for the non-                  
                expedite requests being monitored by a non expedite counter” the use of plural,                    
                “requests” and the singular “counter” necessarily implies that the claimed counter                 
                counts the total of the cycles for all the non-expedite requests.  Further, we find                
                that in the context of the independent claims, clock cycles is the amount of time                  
                to perform the request and not the amount of time that requests have been                          
                pending.  The last limitation of claim 1 “processing the non-expedite requests for                 






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