Ex Parte Jakubiec - Page 4



            Appeal No. 2007-0340                                                                             
            Application 10/057,259                                                                           



                                               THE CLAIMS                                                    
                   Claims 1, 13, 19, and 31 are independent clams, of which Claim 1 reads:                   
                         1.  An apparatus, comprising:                                                       
                         a scoreboard comprising a plurality of locations adapted to store                   
                   transaction identifiers each associated with a transaction, wherein each                  
                   transaction comprises a first client sending a request to a second                        
                   client, and wherein each transaction identifier includes a first timer                    
                   flag and a second timer flag; and                                                         
                         a device adapted to manage the plurality of transaction                             
                   identifiers in the scoreboard.                                                            
                                  THE REFERENCE AND REJECTION                                                
                                 The sole reference relied on by the Examiner is:                            
            Eden   US 2002/0184361 A1   Dec. 5, 2002                                                         
                                                                      (filed May 16, 2001)                   
                   Claims 1-43 stand rejected under 35 U.S.C. § 102(e) for anticipation by                   
            Eden.                                                                                            
                                            THE ISSUE                                                        
                   Does Eden disclose the argued features recited in the rejected claims?2                   
                                          PRINCIPLES OF LAW                                                  

                                                                                                            
                   2  Appellant has the burden on appeal to the Board to demonstrate error in                
            the Examiner’s position.  Cf. In re Rouffet, 149 F.3d 1350, 1355 47 USPQ2d 1453,                 
            1455 (Fed. Cir. 1998) (“On appeal to the Board, an applicant can overcome a                      
            rejection [for obviousness] by showing insufficient evidence of prima facie                      
            obviousness or by rebutting the prima facie case with evidence of secondary                      
            indicia of nonobviousness.”).                                                                    
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