Ex Parte Jakubiec - Page 11



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

                   Unlike Claim 13, this claim does not require that the predetermined latency               
            period be compared to the length of time that a transaction indicator is stored in the           
            scoreboard.  The “timing” and “initiating” steps in Claim 19 are therefore broad                 
            enough to read on Eden, in which the network-system timeout period (the recited                  
            “predetermined latency period”) is compared to the time it takes to receive a                    
            “True” response from the queried device (the recited “selected duration”).  If the               
            time it takes to receive a True response is substantially longer than the timeout                
            period, the querying device issues a timeout sequence in the form of a “False”                   
            answer.                                                                                          
                   The rejection of Claim 19 and unargued dependent Claims 20-30 is therefore                
            affirmed.                                                                                        
                   Independent Claim 31 recites, inter alia, using a free-running timer to                   
            initiate a time-out sequence if the transaction identifier remains in the scoreboard             
            substantially longer than the predetermined latency period of the timer.  This                   
            limitation distinguishes over Eden in the same way as the similar limitation in                  
            Claim 13.  The rejection is therefore reversed as to Claim 31 and dependent Claims               
            32-37.                                                                                           
                                                DECISION                                                     
                   The rejection of Claims 1-43 under 35 U.S.C. § 102(e) for anticipation by                 
            Eden is affirmed with respect to Claims 1-12, 19-30, and 38-40 and reversed with                 
            respect to Claims 13-18, 31-37, and 41-43.                                                       



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