Appeal No. 1999-1193
Application No. 08/429,504
any other data along with nonessential data." We disagree
with Examiner's interpretation of the claim. Instead, we are
persuaded by Appellants that the flushing of cache in Crump is
not dependent on any specific condition of the cache, and
Crump does not disclose or suggest the handling of different
pages of cache differently depending upon the content of each
page. Therefore, we do not sustain the anticipation rejection
of claim 7 and dependent claim 8 by Crump. Since claim 23 has
a similar limitation we also do not sustain the rejection of
claim 23 and its dependent claim 24 as being anticipated by
Crump.
In summary, we have sustained the rejection of claims 2
to 6, 9 to 12, 18 to 22, and 25 to 28 under 35 U.S.C. § 103,
while we have not sustained the rejection of claims 7 to 8 and
23 to 24 under 35 U.S.C. § 102.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
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