Ex Parte McKenney et al - Page 5

                  Appeal 2007-1600                                                                                         
                  Application 09/753,062                                                                                   

                  plurality level assigned to each of the requesting agents. Preferably, a unique                          
                  priority level is established for each of the plurality of agents either before                          
                  operation of the system or on-the-fly as the system is operated.                                         
                  Alternatively, a priority level can be assigned to each of the agents using a                            
                  hardwired encoder in the arbiter (col. 4, ll. 46-57).                                                    
                         8. When the “super agent” (having highest priority) is not                                        
                  accessing the shared synchronous memory, an open window is generated                                     
                  allowing the other non-super agents free access to the shared synchronous                                
                  memory in accordance with the time slots determined by a free-running                                    
                  clock (col. 6, ll. 23-27).                                                                               
                         9. The super agent is provided transparent access to the shared                                   
                  synchronous memory whenever desired, without arbitration or negotiation                                  
                  (col. 6, ll. 8-11).                                                                                      
                                               PRINCIPLES OF LAW                                                           
                         Anticipation is established when a single prior art reference discloses                           
                  expressly or under the principles of inherency each and every limitation of                              
                  the claimed invention. Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342,                                    
                  1347, 51 USPQ2d 1943, 1946 (Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475,                                
                  1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994).                                                          
                                                      ANALYSIS                                                             
                         Appellants argue that Kermani does not anticipate the claims because                              
                  “the processors or agents3 of Kermani are not organized in a hierarchy as                                
                  claimed by Applicants” (Br. 4). Appellants acknowledge that Kermani                                      

                                                                                                                          
                  3 Kermani uses the terms “agent” and “processor” interchangeably to refer to                             
                  the same elements.                                                                                       
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