Appeal No. 2006-1550
Application No. 10/044,401
American Hoist & Derrick Co., 730 F.2d 1452, 1458, 221 USPQ 481, 485 (Fed. Cir.
1984).
With respect to the Yokoyama reference, Appellant argues that Yokoyama does
not disclose formatting a bit length of data from an input port to be transmitted to an
output port having less width than the input port. In particular, at pages 5-6 of the Appeal
Brief, Appellant states the following:
The examiner's reliance on Fig. 24 is not instructive as it merely shows a table of
control numbers, i.e., C1 through C9, which essentially seems to show that a 256 bit band
can be secured for transmitting 128 bit or 256 bit data, with paragraph 0149 reading “C6
shows the case where 128 bit band can be secured in case 256 bit data are transmitted to a
128 bit port and in case C7 transmits 256 bit data to 128 bit port, it shows the case where
a band is not securable.'' Nowhere else in the specification, to the extent that applicant
can understand it, is there any discussion that data is formatted at all.
All of the other cases (C 1-C5 and C8-C9) indicate that data is either smaller or
the same size as the output port capacity, and if not, the band is not securable. There is no
discussion why or how case C6 differs from case C7 anywhere in the 25 page translation.
It is submitted that the described case C6 is either gratuitous or erroneous. Nowhere in
the specification does it indicate that data is reformatted to fit the width of the output port
if the output port capacity is less than that of the input port.
Appellant further expands on this same argument in the Reply Brief. In particular, at
page 6 of the Reply Brief, referring to portions of the Yokoyama reference upon which
the Examiner relies, Appellant states the following:
The above description of the operation of case C6 indicates that a 256
bit bandwidth on an input port that is to be transferred to a 128 bit output port is
actually accomplished by assigning two 128 bit bandwidths in which to
accommodate the 256 bit input. This is because the address control part 61-1 sends
a transfer request to two address lines.
This described operation is also in accord and entirely consistent with
the discussion on pages 12-15 which essentially states that communication between
ports of different sized data width is carried out by an empty port among the ports to
which the boards with the wide data are connected. This described operation is
further underscored by the fact that in the entire translation, there is no discussion
whatsoever, at least as determined by the undersigned, that any reformatting is ever
undertaken or accomplished. Certainly, there is nothing that even approaches the
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