Ex Parte Osborn et al - Page 4

                  Appeal 2007-1572                                                                                         
                  Application 09/726,831                                                                                   

                  make in the Briefs have not been considered and are deemed to be waived.                                 
                  See 37 C.F.R. § 41.37(c)(1)(vii) (2004).2                                                                

                                                         ISSUE                                                             
                         The principal issue in the appeal before us is whether the Examiner                               
                  erred in combining Crocker with Nale and Reddy, because Crocker contrasts                                
                  its inventive system using a single memory module with the admitted prior                                
                  art’s use of internal and external memory devices.                                                       

                                                FINDINGS OF FACT                                                           
                         The following Findings of Fact (FF) are shown by a preponderance of                               
                  the evidence.                                                                                            
                                                     The Invention                                                         
                         1.     Appellants invented a system for managing display data in a                                
                  computing device having a unified memory architecture (Specification 1).                                 
                         2.     The memory in Appellants’ device is controlled by display                                  
                  logic, which manages and allocates the memory according to the display                                   
                  mode, and is configured to change the display mode during operation of the                               
                  computing device (Specification 2).                                                                      
                         3.     The display logic is operable to change the color depth of the                             
                  display, or the level of resolution, or both, depending on either the                                    
                                                                                                                          
                  2 Appellants have not presented any substantive arguments directed                                       
                  separately to the patentability of the dependent claims or related claims in                             
                  each group, except as will be noted in this opinion.  In the absence of a                                
                  separate argument with respect to those claims, they stand or fall with the                              
                  representative independent claim.  See In re Young, 927 F.2d 588, 590, 18                                
                  USPQ2d 1089, 1091 (Fed. Cir. 1991).  See also 37 C.F.R. § 41.37(c)(1)(vii).                              

                                                            4                                                              

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: September 9, 2013