Ex Parte Agarwala et alDownload PDFPatent Trial and Appeal BoardFeb 27, 201411563821 (P.T.A.B. Feb. 27, 2014) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte MANISHA AGARWALA, MARIA B. H. GILL, and JOHN M. JOHNSEN ____________ Appeal 2011-012366 Application 11/563,821 Technology Center 2400 ____________ Before EDWARD A. BROWN, LYNNE H. BROWNE, and JILL D. HILL, Administrative Patent Judges. HILL, Administrative Patent Judge. DECISION ON APPEAL Appeal 2011-012366 Application 11/563,821 2 STATEMENT OF THE CASE Manisha Agarwala et al. (Appellants) seek review under 35 U.S.C. § 134 from the Examiner’s decision finally rejecting claims 8-37. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. CLAIMED SUBJECT MATTER Claims 8, 18, and 28 are independent. Claim 8 represents the subject matter on appeal and is reproduced below with the key disputed limitation emphasized. 8. A method of processing emulation trace information, comprising: receiving emulation trace information associated with operation of a data processor, said emulation trace information arranged according to a selected one of a plurality of different information log formats; and controlling an information transfer operation wherein said emulation trace information is transferred via an information transfer path, including implementing a state machine that includes a plurality of different states that respectively correspond to said information log formats. REJECTION The following rejection is before us for review: Claims 8-37 stand rejected under 35 U.S.C § 102(e) as anticipated by Swoboda (US 6,912,675 B2; iss. Jun. 28, 2005). Appeal 2011-012366 Application 11/563,821 3 ANALYSIS Independent Claims 8, 18, and 28 The Examiner finds that Swoboda teaches all of the limitations of claim 8, including a state machine having a plurality of different states that respectively correspond to the selected information log formats. Ans. 3-4. The Examiner finds the claimed state machine in Swoboda at line 23 of column 8. Ans. 10. The Examiner finds selection of information log formats in Swoboda at lines 54-60 of column 8, and correspondence of states to log formats at lines 50-53 of column 8. Swoboda discloses: Trace displays are automatically correlated to the source code that generated the trace log. The emulator provides both the debug control and trace recording function. The debug facilities are programmed using standard emulator debug accesses through the target chips' JTAG or similar serial debug interface. Since pins are at a premium, the technology provides for the sharing of the debug pin pool by trace, trigger, and other debug functions with a small increment in silicon cost. Fixed pin formats are also supported. Swoboda, col. 8, ll. 50-60. While we agree with the Examiner that Swoboda teaches a state machine and an information log, the Examiner has not explained how Swoboda’s different state machine states correspond to its information log formats. More specifically, the Examiner does not explain how Swoboda’s trace displays being correlated to source code that generates a trace log necessarily teaches the claimed different states respectively corresponding to selected information log formats. Because the Examiner’s finding that Swoboda teaches each and every limitation of claim 8 is not supported by a preponderance of the evidence, we do not sustain the rejection of claim 8 as anticipated by Swoboda. Appeal 2011-012366 Application 11/563,821 4 Independent claims 18 and 28 also recite this limitation. Claims 9-17 depend directly or indirectly from claim 8 and thus include all of the limitations of claim 8. Claims 19-27 depend directly or indirectly from claim 18 and thus include all of the limitations of claim 18. Claims 29-37 depend directly or indirectly from claim 28 and thus include all of the limitations of claim 28. For these reasons we also do not sustain the rejection of claims 9-37. DECISION We REVERSE the rejection of claims 8-37 under 35 U.S.C § 102(e) as anticipated by Swoboda. REVERSED mls Copy with citationCopy as parenthetical citation