Appeal No. 1998-2596
Application 08/522,222
victim cache as disclosed by Jouppi [answer, pages 3-4].
Appellants argue that the examiner has incorrectly
analyzed the Jouppi disclosure and has confused the
disclosures relating to the miss cache, the victim cache and
the prefetch techniques. Specifically, appellants argue that
the victim cache of Jouppi, which is cited by the examiner to
reject claim 1, is loaded only with items from cache 20 which
only holds items which have previously been referenced by the
computer. Appellants additionally argue that the prefetch
instructions of Jouppi are not stored in the victim cache as
asserted by the examiner [brief, pages 4-11]. Thus,
appellants argue that Jouppi’s victim cache does not store
blocks which have not been referenced by the
computer as recited in claim 1. The examiner responds that
although the victim cache of Jouppi contains blocks thrown out
from cache 20, this does not mean that the data blocks from
the cache 20 are already referenced by the computer [answer,
page 16].
We agree with appellants’ position for essentially the
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