Ex Parte Winkler et al - Page 8



             Appeal No. 2006-3044                                                         Page 8               
             Application No. 10/285,939                                                                        

                   The examiner acknowledges that Harriman’s read response data                                

             occupies one or more buckets 272 of RDRB 270, depending on the size of                            

             the data block requested by the read command (col. 5, lines 57-59) [id.].                         

             However, the examiner maintains that each bucket of the plurality of                              

             buckets is uniquely assigned to one of the command tags, even though one                          

             or more buckets might be assigned to a particular command tag (i.e.,                              

             depending on the size of the data block requested by the read command)                            

             [id.].  The examiner points out that the language of the claim merely                             

             requires: “a plurality of buffer elements each being uniquely assigned to one                     

             of said command tags” [id.].  The examiner notes that the claim does not                          

             recite: “a plurality of buffer elements each being assigned to a unique one of                    

             said command tags” [id.].  The examiner concludes that Harriman does not                          

             teach away from the instant claimed invention [answer, page 19].                                  

                   In the reply brief, appellants point to pages 8 and 9 of the instant                        

             specification as supporting appellants’ claim interpretation [reply brief, pages                  

             3 and 4].  Appellants assert that Harriman teaches a buffer having a plurality                    

             of buckets that provide general storage to commands and data based on                             

             availability, but not based on unique assignments [reply brief, page 5].                          

             Appellants again assert that Harriman teaches away from the instant                               

             claimed invention by disclosing multiple buckets that may be associated with                      

             a single command tag [id.].                                                                       







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