Appeal No. 2005-2282 Page 11
Application No. 09/505,807
that the producer (310) consumes data from a second queue managed by the storage
manager (350)." (Appeal Br. at 9.)
1. Claim Construction
"The Patent and Trademark Office (PTO) must consider all claim limitations when
determining patentability of an invention over the prior art." In re Lowry, 32 F.3d 1579,
1582, 32 USPQ2d 1031, 1034 (Fed. Cir. 1994) (citing In re Gulack, 703 F.2d 1381,
1385, 217 USPQ 401, 403-04 (Fed. Cir. 1983)). In particular, "[c]laims in dependent
form shall be construed to include all the limitations of the claim incorporated by
reference into the dependent claim." 37 C.F.R. § 1.75.
Here, claim 3 recites the following limitations: "[t]he system of claim 1, wherein
the data source comprises a consumer that consumes data stored in a second queue
that is controlled by the scheduler." Claim 1, from which claim 3 depends, recites in
pertinent part the following limitations: "a data source for outputting the data that is
stored in the first queue . . . and a scheduler for managing the storage and consumption
of the data in the first queue and for controlling the data source and the plurality of
consumers to control the amount of data stored in and consumed from the first queue."
Considering all these claim limitations, claim 3 requires that the same scheduler
controls both a first queue and a second queue.
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