Ex Parte WILSON - Page 8



          Appeal No. 2003-1965                                                        
          Application 09/275,496                                                      

          the clock signal phases 22, 23, 24 and 25 be compared with the              
          data packets sampled at the clock phase 21.  Appellant argues               
          that Buckner shows in figure 6a and explains in column 4, lines             
          51 through column 5, line 3 that only data packets sampled at 22            
          and 25 are compared with data packets sampled at 21.  Thus,                 
          Buckner does not teach “comparing the data packet sampled at                
          preferred intervals with data packet sampled at each of the                 
          neighboring intervals” as required by the claims.  See page 2 of            
          Appellant’s reply brief.                                                    
               Upon our review of Buckner, we find that Buckner does teach            
          that the data signal DATA-IN clocked by 21 and 22 are compared.             
          Furthermore, we find that Buckner teaches that the data signal              
          DATA-IN clocked by 25 and 21 are compared.  However, we fail to             
          find that Buckner teaches that 21 is compared with 23 and 24.               
          See Buckner, figure 6a and column 4, line 51 through column 5,              
          line 3.  Therefore, we will not sustain the Examiner’s rejection            
          of claims 1 through 4, 9 through 12 and 16 through 19 under 35              
          U.S.C. § 102.                                                               
               For claims 20 through 21, Appellant argues that Buckner does           
          not teach “a monitoring system for monitoring a time relationship           
          between common data received at the history buffers and the                 
          system clock.”  In particular, Appellant argues that the                    
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