Ex Parte Hady - Page 3

              Appeal 2007-1756                                                                     
              Application 10/185,476                                                               
                                     REJECTIONS AT ISSUE                                           
                    Claims 1 through 4, 7 through 10, 19 through 23, 35, 36, 38 through            
              40, and 43 through 461 stand rejected under 35 U.S.C. § 102 (e) as being             
              anticipated by Kale.   The Examiner’s rejection is set forth on pages 4              
              through 8 of the Answer.  Claims 5, 6, 37, 41, and 422 stand rejected under          
              35 U.S.C. § 103 (a) as being unpatentable over Kale in view of Bass.   The           
              Examiner’s rejection is set forth on pages 4 through 13 of the Answer.               
                    Throughout the opinion, we make reference to the Brief (received               
              May 12, 2006), the Reply Brief (received August 31, 2006) and the Answer             
              (mailed July 27, 2006) for the respective details thereof.                           

                                             ISSUES                                                
                    Appellant contends that the Examiner’s rejection of claims 1 through           
              4, 7 through 10, 19 through 23, 35, 36, 38 through 40 and 43 through 46              
              under 35 U.S.C. § 102 (e) is in error.  Appellant asserts that Kale does not         
              teach using the same instruction to write to both a memory associated with           
              the network processor and the memory associated with the host processor.             
              (Br. 10).  With respect to claim 35, Appellant contends that “The suggestion         
              [in Kale] that various elements described can be different portions of the           
                                                                                                   
              1 We note that the statement of the rejection includes claims 37, 41 and 42          
              and does not include claim 36.  However, the rationale supporting the                
              rejection discusses claim 36 but does not discuss claims 37, 41 and 42.              
              Accordingly, we consider claim 36 to be included in the rejection but not            
              claims 37, 41 and 42.                                                                
              2 We note that the statement of the rejection does not include claims 41 and         
              42.  However, the rationale supporting the rejection includes claims 41 and          
              42.  Accordingly, we consider claims 41 and 42 to be included in the                 
              rejection.                                                                           
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