Ex Parte SKARPNESS et al - Page 5




          Appeal No. 2004-1676                                                         
          Application 09/263,918                                                       

          module in the SSID, [] the SSID, as the name implies, is an                  
          interface to the SAR software.  Therefore, Kwak definitely                   
          teaches the SAR software."  The examiner further finds that Kwak             
          teaches that the CPU processes the ATM adaptation layer (AAL)                
          which includes SAR (EA5).                                                    
               Appellants disagree with the examiner's contention that                 
          because Kwak shows an SSID it must teach SAR software and                    
          therefore a SAR software module (RBr2).  It is argued that Kwak              
          only teaches the SSID and "does not explicitly teach or suggest              
          Appellant's very specific claim limitations relating to                      
          performing asynchronous transfer mode (ATM) segmentation and/or              
          reassembly (SAR) functions with a SAR software module implemented            
          in a central processing unit (CPU) of a personal computer, among             
          other limitations" (RBr2).                                                   
               The background of appellants' invention describes that                  
          "[t]he functions of the SAR sublayer are typically performed by              
          hardware implemented in the computer such as a SAR chip"                     
          (specification, page 3, lines 8-10), which hardware                          
          implementation is said to have disadvantages of cost and limited             
          flexibility.  When appellants argue that Kwak is directed to "the            
          very type of prior art that Appellants' claimed invention was                
          designed to improve upon" (Br8), we assume that appellants mean              
          that Kwak is directed to a hardware SAR circuit.  We disagree.               



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