Ex parte KONIGSBURG et al. - Page 4




                 Appeal No. 1999-2747                                                                                                                   
                 Application 08/757,979                                                                                                                 


                          storing to and retrieving data from remaining portions of                                                                     
                 the array, wherein the step of setting a flag comprises                                                                                
                 setting a set invalid bit in a flag field of a line in the                                                                             
                 storage array.                                                                                                                         
                          The references relied on by the Examiner are as follows:                                                                      
                 Lefsky et al. (Lefsky)                                       5,019,971               May  28, 1991                                     
                 McClure                                                      5,708,789               Jan. 13, 1998                                     
                                                                              (filed Sep. 20, 1996)                                                     
                 Handy, The Cache Memory Book, ISBN 0-12-322985, (Academic                                                                              
                 Press, Inc. 1993). pages 158-161                                                                                                       
                          Claims 1-5, 9-14, 18 and 20-21 stand rejected under                                                                           
                 35 U.S.C. § 103 as being unpatentable over Lefsky when taken                                                                           
                 with McClure and Handy.                                                                                                                
                          Rather than repeat the arguments of Appellants or the                                                                         
                                                                                           2                       3                                    
                 Examiner, we make reference to the Brief,  Reply Brief,  and                                                                           
                 Answer  for the respective details thereof.4                                                                                                                           
                                                                     OPINION                                                                            
                          After a careful review of the evidence before us, we                                                                          
                 agree with the Examiner that claims 1, 4, 5, 10, 13, 14 and                                                                            
                 20-21 are unpatentable under 35 U.S.C. § 103 over Lefsky,                                                                              


                          2The Brief was received February 1, 1999.                                                                                     
                          3The Reply Brief was received May 27, 1999.                                                                                   
                          4The Answer was mailed March 25, 1999.                                                                                        
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