Appeal No. 2006-1030
Application No. 09/895,233
physical element to provide virtual representations of it where each one of the virtual
representations has a unique access control level. As appellants’ remarks continue, we
understand that the art is well developed with respect to the use of the term “virtual” in the data
processing arts. Appellants also argue that a different path to a port is not a virtual representation
of a physical element. Appellants appear to summarize their arguments at page 14 by asserting
that Shah does not teach providing virtual representations of a physical element.
In response, the examiner has refined his position with the following statements at page 8
of the Answer:
The Examiner has applied the broadest reasonable interpretation to
the claim language.
The Examiner maintains that assigning an LID to a port as taught
in Shah, column 8, lines 52-67, taught partitioning a physical element to
provide virtual representations of the physical element as defined by
Applicant’s disclosure. “Multiple identification values (LIDs)” were
assigned to ports. (Shah, column 2, lines 50-51) Each port was uniquely
identified and addressed by use of a local ID (LID). (Shah, column 8,
lines 42-46) A fabric-attached port was assigned multiple LIDs. (Shah,
column 8, lines 52-55) Different service levels were supported. (Shah,
column 8, lines 64-67). Applicant failed to define “access control levels”
or “unique access control levels” within the specification. One of ordinary
skill in the art would interpret “access control level” to be a service level.
We agree with this characterization and analysis of Shah since it is considered to be
consistent with our understanding and study of it. The title of Shah relates to assigning multiple
LIDs to ports in a cluster, all of which are managed by a subnet manager, which is depicted in
figures 6 through 8 of this reference. This manager, itself a host computer, performs a
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