Appeal 2007-1498
Application 09/944,776
the number of devices determined to be serviced thereby (see p.
10 and Figs 7, 8 and 10B), means for assigning resources to the
I/O ports, whereby the assigning means are responsive to the
criteria (see p. 10 and Figs 7, 8 and 10B).
The cited portions of the Specification generally discuss the determination of
the number of devices being serviced at a port, the copying of contents of
cache memory, the setting of criteria for transactions at the port, and the
assignment of resources to the ports. (Specification 3, 5-13.) The Summary,
however, fails to particularly identify (by page and line numbers in the
Specification and by reference characters in the drawings) which of the
disclosed structures actually correspond to the claimed “means for” (1)
determining, (2) copying, (3) setting, and (4) assigning. The Specification
does not clarify this ambiguity. Consequently, we decline to substitute
speculation about where the structures corresponding to the claimed subject
matter are described in the application for the greater certainty that should
come from Appellants. Accordingly, Appellants’ Brief does not comply
with 37 C.F.R. § 41.37.
V. ORDER
Accordingly, we REMAND this application to the Examiner to:
(1) send to Appellants a notice of non-compliance of the Second Amended
Appeal Brief, identifying the above noted deficiency and requiring
Appellants to submit a revised Appeal Brief.
(2) further evaluate the Brief for compliance with 37 C.F.R. § 41.37, and
4
Page: Previous 1 2 3 4 5 Next
Last modified: September 9, 2013