Ex Parte GAITHER et al - Page 1



          The opinion in support of the decision being entered today was not          
          written for publication and is not binding precedent of the Board.          
                                                            Paper No. 32              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                             Ex parte BLAINE D. GAITHER                               
                                 and ROBERT B. SMITH                                  
                                     __________                                       
                                Appeal No. 2004-0412                                  
                             Application No. 09/052,358                               
                                     __________                                       
                                      ON BRIEF                                        
                                     ___________                                      
          Before THOMAS, BARRETT and OWENS, Administrative Patent Judges.             
          OWENS, Administrative Patent Judge.                                         
                                 DECISION ON APPEAL                                   
               This appeal is from the final rejection of claims 1, 3, 4,             
          7-10 and 12, and refusal to allow claims 5 and 11 as amended                
          after final rejection.  These are all of the claims pending in              
          the application.                                                            
                                    THE INVENTION                                     
               The appellants claim a method and system for analyzing the             
          effectiveness of a computer cache.  Claim 1, which claims the               
          method, is illustrative:                                                    

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