Ex Parte 4918645 et al - Page 37




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

         equivalent to the "means counting each of the refresh request              
         signals."  This is one difference.                                         
              Churchward has structure to determine when the count in               
         counter 96 reaches zero from eight, where zero represents a                
         "predetermined threshold value" of eight counts.  Thus, in                 
         isolation, Churchward seems to have "means, coupled to the                 
         refresh request signal counting means, for comparing a value of            
         the counted refresh request signals to a predetermined threshold           
         value and for determining when a number of counted refresh                 
         request signals equals or exceeds the predetermined threshold              
         value."  However, since the value of the counted signals is not            
         the count of each of the refresh request signals, but only the             
         count of the refresh request signals when the memory is busy,              
         this limitation is not met when the claim is considered as a               
         whole.  This is another difference.                                        
              The last limitation of claim 2 recites:                               
                   means, responsive to the comparing means determining             
              that a number of counted refresh request signals at least             
              equals the predetermined threshold value, for refreshing a            
              plurality of memory rows, the number of memory rows being             
              refreshed being substantially equal to the counted value.             
         Churchward does not refresh a plurality of memory rows "equal to           
         the counted value" "responsive to the comparing means determining          
         that a number of counted refresh request signals at least equals           
         the predetermined threshold value."  Churchward burst refreshes a          
         number of rows equal to the count responsive to the memory                 
         becoming not busy.  When the counter reaches zero (representing a          
         count of eight), the only value that could be considered a                 
         "predetermined" threshold value, Churchward starts refreshing              
         rows one at a time at a 15.6 microsecond rate if the memory is             
         still busy: it does not refresh eight rows.  The number of memory          
         rows refreshed depends on the memory busy time, not the count.             
         "If the memory becomes not busy before a zero count is reached,            
         it counts back towards eight at a 450 nanosecond rate."  (Col. 3,          
         lines 46-48.)  Thus, if the memory was only busy for 3 counts,             
         the system would perform a burst refresh of 3 rows (each refresh           
         taking 450 nanoseconds) when the memory became not busy; i.e.,             
         the system performs a burst refresh of "up to" eight refresh               
         cycles (e.g., col. 8, lines 44-51).  The burst refresh is not              
         dependent on the count being a predetermined value.  This is a             
         further difference.                                                        
              For these reasons, we find that Churchward does not teach             
         the added limitations of claims 2-5, 7-11, 13-16, and 18-20.               


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