Ex Parte Luse et al - Page 5




              Appeal No. 2006-0721                                                                Page 5                                       
              Application No. 10/113,458                                                                                                       



              the appeal of claims 1-4, 8-11, 15-18, and 22-24 and claim 5 as the sole claim on which                                          
              to decide the appeal of claims 5-7, 12-14, 19-21, and 25-30.                                                                     
                                        A. CLAIMS 1-4, 8-11, 15-18, AND 22-24                                                                  
                     With the aforementioned representation in mind, rather than reiterate the                                                 
              positions of the examiner or the appellants in toto, we focus on the point of contention                                         
              therebetween.  The examiner finds, "MROMB Note does disclose the limitation 'if the                                              
              first set of resources (i.e. address range) is changed (i.e. host relocates the base                                             
              address originally assigned to the IOP BAR), changing (i.e. reprogramming), by the first                                         
              device, the second set of resources (Section 4.1 , Second Paragraph).'"  (Examiner's                                             
              Answer at 10.)  The appellants do not address the examiner's specific application of                                             
              Section 4.1 of the MROMB Note.  Instead, they merely underline limitations is claim 1                                            
              and allege, "These specific combinations of limitations of the independent claims are                                            
              nowhere disclosed or suggested in the MROMB Note."  (Appeal Br. at 12.)                                                          


                     "In addressing the point of contention, the Board conducts a two-step analysis.                                           
              First, we construe the representative claim at issue to determine its scope.  Second, we                                         
              determine whether the construed claim is anticipated."  Ex parte Pittaro, No. 2005-                                              
              2057, 2006 WL 1665401, at *2 (Bd.Pat.App & Int. 2006).                                                                           




















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