Ex Parte Hady - Page 8

              Appeal 2007-1756                                                                     
              Application 10/185,476                                                               
              ample evidence to support the Examiner’s finding that Kale teaches a                 
              storage that is written to by both the host and network processors.                  
                    Appellant has presented no arguments directed to the Examiner’s                
              rejection of dependent claims 5, 6, 37, 41, and 42 under 35 U.S.C. § 103 (a).        
              Accordingly, we reverse or sustain the Examiner’s rejection of theses claims         
              based upon our decision regarding the rejection of the independent claims            
              upon which they depend.                                                              

                                          CONCLUSION                                               
                    Appellant’s arguments have persuaded us of error in the Examiner’s             
              rejection of independent claims 1, 19 and 40.  Accordingly we reverse the            
              Examiner’s rejections of claims 1 through 4, 7 through 10, 19 through 23,            
              40, and 43 through 46 under 35 U.S.C. § 102 (e) and the Examiner’s                   
              rejection of claims 5, 6, 41, and 42 under 35 U.S.C. § 103 (a)                       
                    However, Appellant’s arguments have not persuaded us of error in the           
              Examiner’s rejection of independent claim 35.  Accordingly, we affirm the            
              Examiner’s rejection of claims 35, 36, 38 and 39 under 35 U.S.C. § 102 (e)           
              and the Examiner’s rejection of claim 37 under 35 U.S.C. § 103(a).                   

                                             ORDER                                                 
                    The decision of the Examiner is affirmed-in-part.                              








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