Ex Parte Jakubiec - Page 10



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

            Dictionary (3d ed. 1997) as: “An event that indicates that a predetermined amount                
            of time has elapsed with out [sic] some other expected event taking place”                       
            (Answer 17).  Appellant argues that the predetermined latency periods of Eden’s                  
            network-system timeouts are not compared to the length of time that transaction                  
            identifiers remain in the scoreboard, as required by the claim (Br. 9; Reply Br. 6).             
            We agree.  The predetermined latency period of the network-system timeout is                     
            instead compared to the time it takes for the querying device 102 to receive a                   
            “True” reply from the queried device.                                                            
                   The rejection of Claim 13 and its dependent Claims 14-18 and 41-43 is                     
            therefore reversed.  The rejection of these claims is also being reversed for another            
            reason, which is that the Examiner’s discussion of the rejection of Claim 13 (Final              
            Action 5; Answer 7 and 16-17, para. D) fails to explain how the recited “fill-code               
            generator” reads on Eden.  This limitation is argued at page 9 of the Brief and thus             
            should have been addressed by the Examiner.                                                      
                   Independent Claim 19 reads:                                                               
                         19.  A method, comprising:                                                          
                         storing at least transaction identifier in at least one of a plurality              
                   of locations in a scoreboard, wherein the at least one transaction                        
                   identifier is associated with a transaction, wherein each transaction                     
                   comprises a first client sending a request to a second client in a                        
                   system, and wherein each transaction identifier includes a first timer                    
                   flag and a second timer flag;                                                             
                         timing a selected duration; and                                                     
                         initiating a time-out sequence if the selected duration is                          
                   substantially longer than a predetermined latency period.                                 

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