Ex parte BISHOP et al. - Page 8




          Appeal No. 96-1233                                                          
          Application 08/259,368                                                      


          those two values.  Therefore, we also sustain the rejection of              
          claim 18 under                                                              
          35 U.S.C. § 102.                                                            
          With respect to dependent claim 19, appellants argue                        
          that Blasciak does not teach the polling means as claimed.                  
          The examiner asserts that the polling means is implied in                   
          Blasciak.  We have considered the portion of Blasciak relied                
          on by the examiner, and we agree with appellants that there is              
          no disclosure therein of the polling means for polling                      
          permanent and volatile storage status and generating                        
          performance data based on the polling results.  Therefore, we               
          do not sustain the rejection of claim 19 as anticipated by the              
          disclosure of Blasciak.                                                     
          With respect to independent claim 22, appellants argue                      
          that the examiner has failed to identify any teaching in                    
          Blasciak of generating event signals and storing only selected              
          ones of the event signals [brief, pages 16-17].  These                      
          arguments were previously considered with respect to other                  
          claims and were determined not to be persuasive.  Therefore,                
          we sustain the rejection of claim 22 under 35 U.S.C. § 102.                 


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