Ex parte BROWN - Page 5




          Appeal No. 95-1955                                                          
          Application 08/109,982                                                      

          calculated and stored for every data store in the non-volatile              
          memories, but only for those stores whose corresponding first               
          data in the bit map buffer is in a first state.  The claimed                
          invention includes a bit map buffer in one of the data stores of            
          each non-volatile memory, which has first data therein relating             
          to the status of each buffer in the associated non-volatile                 
          memory.  The first data has a first state and a second state.               
               In the specification, evidently the only place where the               
          generation of CRC is explicitly discussed is on page 8:                     
                    For best results, each data buffer will have an                   
               attached cyclic redundancy code (CRC) calculated.  A                   
               single CRC is computed across all of the data items                    
               within the buffer.  If the buffer contains unused                      
               space, the CRC calculation does not include such unused                
               bytes.  It will be appreciated that the calculation of                 
               a single CRC for the entire buffer will save                           
               considerable space over that required for CRC's for                    
               each data item.  (Emphasis added.)                                     
               The examiner correctly notes that the above-quoted language            
          uses the word "each" to describe which data store will have its             
          CRC calculated.  For reasons discussed below, we agree with the             
          appellant that the specification as filed does have written                 
          description support for calculating and storing the CRC only for            
          the good data buffers and not the buffers already marked bad.               
          The rejection of claims 10-12 under 35 U.S.C. § 112, first                  
          paragraph, is erroneous.                                                    


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