Appeal No. 2006-2217
Reexamination Control Nos. 90/006,789 and 90/007,420
Bruce 4,546,451 October 8, 1985
iSBC® 286/100 Multibus® II Single Board Computer,
Intel Corp., March 1985 ("286/100").
2164A Family, 65,536 x 1 Bit Dynamic RAM, April 1982,
Intel Corp., pages 3-267 to 3-279 ("2164A").
Multibus® II Bus Architecture Specification Handbook,
Intel Corp., 1984 ("Multibus II").
iSBC® MEM/312/310/320/340 Memory Boards User's Guide,
Intel Corp., February 1985 ("iSBC MEM/3XX").
THE REJECTIONS
Pages of the final rejection entered July 20, 2005, are
referred to as "FR " and pages of the examiner's answer entered
December 21, 2005, are referred to as "EA ." Pages of the
Patent Owner's brief received October 11, 2005, are referred to
as "EA " and pages of the reply brief received February 8, 2006,
are referred to as "RBr ."
Claims 1 and 12 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over "286/100" and "2164A." "Multibus II" and
"iSBC MEM/3XX" are used as extrinsic evidence to support inherent
features of the system described in "286/100."
Claims 6 and 17 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over "286/100," "2164A," and Bruce. Since
claims 6 and 17 contain the limitations of claims 1 and 12,
respectively, the rejection impliedly also relies on
"Multibus II" and "iSBC MEM/3XX."
DISCUSSION
Claim interpretation
We accept and incorporate by reference the definitions of
claim terms in Patent Owner's "Summary of Claimed Subject Matter"
(Br7-26) for purposes of this appeal. Because the definitions
are based on the Multibus II standard in the document High
Performance 32-Bit Bus Standard P1296 (unapproved draft), IEEE,
June 20, 1986, which is incorporated in the '645 patent (col. 3,
lines 51-56), which in turn is based on the Multibus II standard
in "Multibus II" in the rejection, the definitions are not at
issue.
With respect to apparatus claims 1, 2, and 6, Patent Owner
states that the means for performing the function of "detecting a
request for initiating an access to a memory on the replying
agent" is "circuitry within or associated with the memory
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