Ex parte HAMMOND et al. - Page 9




          Appeal No. 94-3710                                                          
          Application 07/777,608                                                      

          skilled in the art at the time the invention was made to                    
          combine Kaplinsky's inclusion (presence) bit for descriptor-                
          data cache coherency with the segment descriptor cache                      
          selector system of Cepulis, since the resulting memory                      
          management system would provide more efficient retrieval of                 
          descriptor data . . . ."  Id.                                               
               Cepulis does not make up for the deficiencies in                       
          Kaplinsky.  Cepulis teaches a method for managing memory in a               
          computer system which contains a segment descriptor cache.                  
          See col. 5, lines 5-40.  Cepulis does not contain any teaching              
          with regard to maintaining coherency between entries in the                 
          segment descriptor cache and entries in a data cache.  In                   
          fact, Cepulis does not disclose or discuss a data cache.                    
          Thus, Cepulis does not teach setting a bit to indicate that                 
          there is a relationship between entries in a data cache and a               
          segment descriptor cache as recited in appellant's claim 1.                 
               It is the examiner's burden to establish why one having                
          ordinary skill in the art would have been led to the claimed                
          invention by the express teachings or suggestions found in the              
          prior art, or by implications contained in such teachings or                
          suggestions.  See In re Sernaker, 702 F.2d 989, 995, 217 USPQ               

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