Appeal No. 2005-0973
Application No. 09/740,669
parameters contained in TSPT 7 of Figure 8 relate to the queues
and not to the entries in the queues (brief-pages 6-7).
We agree with appellants. First, we are not convinced that
the examiner has established a reason to combine the applied
references since the sorter structure of Lee appears unrelated to
the traffic shaping in the internetworking device of Bass. But,
in any event, as shown in Figure 1 of Bass, the TSPT 7 is
separate from the queues Q0-Q31. Therefore, while there are
certain entries into the queues, it appears clear that the TSPT
is not the source of these entries into the queues. Since the
TSPT is relied on by the examiner for providing a plurality of
fields (pointing to the functions of different parameters laid
out at column 4, line 60 through column 5, line 38), it is clear
that any plurality of fields resident in the TSPT is not part of
the entries into the queues. Yet, the instant claims require
that each “entry” in a shift structure “includes a plurality of
fields.”
Accordingly, for at least this reason, we find no prima
facie case of obviousness established by the examiner.
Therefore, we will not sustain the rejection of claims 1-4, 10-
13, and 19-24 under 35 U.S.C. § 103.
8
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