Ex Parte Cheng - Page 4

               Appeal 2007-0959                                                                             
               Application 10/082,893                                                                       
                                                                                                           
                                                                                                           
                                          FINDINGS OF FACT                                                  
                      Davis discloses a computer system comprising a host processor 3 that                  
               communicates with I/O processor 5 via primary PCI bus 7.  The I/O                            
               processor communicates with the PCI devices 9, 11, and 13 via secondary                      
               PCI bus 15 (Davis, col. 6, ll. 53-58; Fig. 1).  PCI device 11 can be an                      
               Ethernet network controller (Davis, col. 7, ll. 4-5).  Both the host processor               
               and I/O processor contain memories (Davis, col. 6, ll. 64-67; col. 7, ll. 7-59;              
               Fig. 2).  Additionally, host processor can configure any public devices on                   
               secondary PCI bus 15 (Davis, col. 14, ll. 24-26).                                            
                      In one embodiment, private PCI devices can be established.  To this                   
               end, Type 1 commands2 received by the primary PCI interface 33 of bridge                     
               29 are converted to Type 0 commands by bridge 20 to configure PCI devices                    
               connected to secondary PCI interface 35 (Davis, col. 7, ll. 60-67; col. 14, l.               
               27 - col. 15, l. 25).                                                                        

                                          PRINCIPLES OF LAW                                                 
                      Anticipation is established only when a single prior art reference                    
               discloses, expressly or under the principles of inherency, each and every                    
               element of a claimed invention as well as disclosing structure which is                      
               capable of performing the recited functional limitations.  RCA Corp. v.                      
               Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385,                       
                                                                                                           
               2 A “Type 1” command is used to pass a configuration request to a target                     
               device on a bus other than the bus where a specific transaction is being run.                
               A “Type 0” command, however, is used to select a device on the bus where                     
               the transaction is being run and is not propagated beyond the local PCI bus.                 
               See generally PCI Local Bus Specification, Rev. 2.2, at 31.                                  
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