Ex Parte Rozario et al - Page 6



          Appeal No. 2005-0973                                                        
          Application No. 09/740,669                                                  

               While the examiner asserts that a FIFO does not allow for              
          “shifting or sorting,” a FIFO does, indeed, allow for shifting.             
          Clearly, as a new piece of data enters the FIFO device, all other           
          data is shifted over, as the first entered data is shifted out.             
          For example, if one has a full four-bit FIFO device, such that              
          cells comprise 0-1-1-0 and a new piece of data is input, say 1,             
          then the 0 gets shifted out (it was the first in so it is the               
          first out) and the new data is now 1-0-1-1, comprising a “shift.”           
          Thus, in our view, the examiner has not clearly demonstrated that           
          the subject matter of claim 9 is totally incapable of achieving             
          any useful result.                                                          
               Accordingly, we will not sustain the rejection of claim 9              
          under 35 U.S.C. § 101.                                                      
               Finally, we turn to the rejection of claims 1-4, 10-13, and            
          19-24 under 35 U.S.C. § 103.                                                
               With regard to independent claim 1, it is the examiner’s               
          position that Lee teaches a shift structure having a plurality of           
          entries, and a comparison logic circuit to sort the entries based           
          on their respective weights (abstract/Figure 2).  The examiner              
          acknowledges that Lee does not teach the plurality of entries               
          having a plurality of fields, or that the entries are DMA                   
          channels.  However, the examiner turns to Bass for an alleged               
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