Appeal 2007-0457
Application 10/652,267
have been obvious to modify Boucher’s teaching by using only an elastic
buffer to temporarily store the data. (Answer 6).
We reverse.
ISSUES
The pivotal issues in the appeal before us are as follows:
(1) Have Appellants shown that the Examiner has failed to establish that
Boucher anticipate the claimed invention under 35 U.S.C. § 102(e),
when Boucher teaches synchronizing/assembling incoming packet
frames within an ASIC chip, and transferring the frames to an external
buffer, and subsequently transferring the packet data to a host?
(2) Have Appellants shown that the Examiner has failed to establish that
time of the present invention, would have found that the disclosure of
Boucher renders the claimed invention unpatentable under 35 U.S.C.
§ 103(a)?
FINDINGS OF FACT
The following findings of fact are supported by a preponderance of the
evidence.
The invention
1. Appellants invented a method and system for offloading TCP
processing between a host memory (230) and a network interface card (NIC)
(250). (Specification 13).
4
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