Appeal No. 2003-0186
Application No. 09/033,529
Accordingly we will not sustain the rejection of claims 5,6, 15-21 and 29-35 under
35 U.S.C. § 103.
Finally we turn to the rejection of claims 22-25 and 36-39 under 35 U.S.C.
§ 103 as being unpatentable over Barnaby et al in view of Hogg et al. and Horan
et al. These claims are ultimately dependent upon claim 21 or 35 and as such
include the limitation of a non-expedite counter as addressed above. On page 8
of the answer, the examiner, states that Horan et al. is relied upon to teach the
limitations of “high priority advance graphics port (AGP) cycles.” The examiner
has not shown that Horan et al. teaches the limitation of the non-expedite
counter. Accordingly, we will not sustain the rejection of claim 22-25 and 36-39
under 35 U.S.C. § 103, as it contains the same deficiencies as noted in the
rejection of claims 21 and 35 under 35 U.S.C. § 103.
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