Ex Parte WILSON - Page 3




          Appeal No. 2002-1833                                                         
          Application No. 09/246,490                                                   


                                       OPINION                                         
               We have carefully considered the entire record before us,               
          and we will reverse the anticipation rejection of claims 1                   
          through 18, and sustain the anticipation rejection of claims 19              
          and 20.                                                                      
               Appellant argues (brief, page 3) that Frank does not                    
          disclose the limitation of                                                   
               said sub-page support structure including a mechanism                   
               responsive to said processor access to said second                      
               memory for a predetermined portion of a sub-page to                     
               determine if said processor access to said second                       
               memory can be satisfied by a processor access to said                   
               first memory for said predetermined portions of said                    
               sub-page migrated or replicated thereto from said                       
               second memory . . . .                                                   
          set forth in claims 1, 8 and 19.                                             
               With respect to claims 1 through 18, we agree with                      
          appellant’s argument.  Frank discloses that a processor request              
          is handled locally before the request is passed via the memory               
          management unit to another processing cell (Figures 2A and 4;                
          column 3, line 64 through column 4, line 8; column 7, line 62                
          through column 8, line 7).  It follows that Frank cannot make a              
          determination whether a processor access to a second/remote                  
          memory for a predetermined portion of a sub-page can be satisfied            
          by a processor access to a first/local memory.  Thus, the                    

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