Ex Parte 4918645 et al - Page 26




         Appeal No. 2006-2217                                                       
         Reexamination Control Nos. 90/006,789 and 90/007,420                       

         look to Intel products, such as the "82C08," because they are              
         more likely to have been designed to work together.                        
              We find that the level of knowledge of those of ordinary              
         skill in the art was sufficient to enable one skilled in the art           
         to interface the "82C08" memory controller to the "Multibus II"            
         system bus and replying agent.  The best evidence of this is that          
         the '645 patent does not provide any circuit details of the                
         memory controller: it merely shows Multibus II signals going into          
         a block for the memory controller 66 having an internal                    
         decoder 70 and a memory access control (timer 78, counter 80,              
         compare 82, and refresh control are not relevant to claim 1) with          
         no circuitry showing how the signals are used to perform the               
         functions.  Since the '645 patent provides no details of the               
         memory controller 66, decoder 70, and memory access control, it            
         must be assumed that one of ordinary skill in the computer art             
         possessed the required knowledge to implement a page mode memory           
         controller using Multibus II control signals or patent owner's             
         own disclosure would be nonenabling.  See In re Epstein,                   
         32 F.3d 1559, 1568, 31 USPQ2d 1817, 1823 (Fed. Cir. 1994)                  
         ("Rather, the Board's observation that appellant did not provide           
         the type of detail in his specification that he now argues is              
         necessary in prior art references supports the Board's finding             
         that one skilled in the art would have known how to implement the          
         features of the references and would have concluded that the               
         reference disclosures would have been enabling."); In re Fox,              
         471 F.2d 1405, 1407, 176 USPQ 340, 341 (CCPA 1973) (appellant's            
         specification "assumes anyone desiring to carry out the process            
         would know of the equipment and techniques to be used, none being          
         specifically described"); Constant v. Advanced Micro-Devices,              
         Inc., 848 F.2d 1560, 1569, 7 USPQ2d 1057, 1063 (Fed. Cir. 1988)            
         ("The disclosure in Exhibit 5 is at least of the same level of             
         technical detail as the disclosure in the '491 patent.  If                 
         disclosure of a computer program is essential for an anticipating          
         reference, then the disclosure in the '491 patent would fail to            
         satisfy the enablement requirement of 35 U.S.C. § 112, First               
         ¶."). In addition, however, we find that the level of ordinary             
         skill in the Multibus II and memory controller arts was very               
         high, as evidenced by the references, and that those skilled in            
         the art had the knowledge and experience to interface the "82C08"          
         with the "Multibus II" replying agent and system bus.  Those               
         skilled in the art of the "Multibus II" bus architecture knew how          
         to design requesting agents, replying agents, system bus, and              
         memory to satisfy the electrical, mechanical, and protocol                 
         interface requirements of the Multibus II standard, as evidenced           
         by "Multibus II" and "iSBC MEM/3XX."  "Multibus II" indicates              
         initiation of a sequential transfer when the SC2* signal is not            
         asserted by the requesting agent during the reply phase, and               
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