Appeal 2007-0457
Application 10/652,267
before it transfers the received packet data to the host. (Finding of fact 13).
Additionally, we have found no evidence that the external buffer where the
packet data is being held is an elastic buffer. We agree with the Examiner
that Boucher’s data synchronization buffer is an elastic buffer that is internal
to the ASIC. (Finding of fact 10). We note, however, the data
synchronization buffer is not being used for temporarily storing portion of a
TCP IP packet. Rather, it is being used for the purpose of storing packet
synchronization data. (Findings of fact 10 and 11). In light of these
findings, it is our view that Boucher does not teach an internal elastic buffer
for temporarily storing incoming packet data. It follows that the Examiner
erred in rejecting representative claim 1 as being anticipated by Boucher. It
follows for the same reasons that the Examiner erred in rejecting claims 2
through 5 and 7 through 33 as being anticipated by Boucher.
35 U.S.C. § 103(a) REJECTION
Now, we turn to the rejection of dependent claim 6 as being
unpatentable over Boucher. We note that claim 6 depends directly from
claim 1. Thus, claim 6 also requires temporarily storing an incoming packet
in an internal elastic buffer and processing the packet without reassembly.
For the reasons set forth in the discussion of representative claim 1 in the
preceding paragraph, we find that Boucher does not at least teach the
limitations of claim 6, as noted above. We therefore conclude that Boucher
does not render claim 6 unpatentable.
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