Appeal No. 2005-2282 Page 16
Application No. 09/505,807
1. Claim Construction
Claim 20 recites in pertinent part the following limitations: "prioritizing data
consumption of the first queue based on an amount of unread data in the first queue of
each of the plurality of consumers." Claims 8 and 27 include similar limitations.
Considering all these claim limitations, claims 8, 20, and 27 require prioritizing data
consumption based on an amount of unread data in the queue.
2. Anticipation Determination
Upon review of the examiner's assertions, as well as the sections of Woodring
cited therein, we agree with the appellants "that there is nothing that even remotely
discusses 'prioritizing' data consumption by [Woodring's] consumers. . . ." (Appeal Br.
at 11.) Therefore, we reverse the anticipation rejection of claims 8, 20, and 27.
III. CONCLUSION
In summary, the rejection of claims 1, 4-6, 9-18, and 21-25 under § 102(e) is
affirmed, while the rejection of claims 3, 8, 20, and 27 under § 102(e) is reversed. The
rejection of claims 7, 19, and 26 under § 103(a) is also affirmed.
"Any arguments or authorities not included in the brief will be refused
consideration by the Board of Patent Appeals and Interferences. . . ." 37 C.F.R.
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