Ex Parte Pong et al - Page 3




              Appeal No. 2004-0538                                                                                        
              Application No. 09/976,495                                                                                  

                                                  Rejection at Issue                                                      
                     Claim 1 stands rejected under 35 U.S.C. § 102 as being anticipated by AAPA.                          
              Claims 2 through 6 stand rejected under 35 U.S.C. § 103 as being obvious over AAPA                          
              in view of either Hagersten or James.  Throughout the opinion we make reference to the                      
              Briefs1 and the answer for the respective details thereof.                                                  
                                                         Opinion                                                          
                     We have carefully considered the subject matter on appeal, the rejection advanced                    
              by the examiner and the evidence of anticipation and obviousness relied upon by the                         
              examiner as support for the rejection.  We have, likewise, reviewed and taken into                          
              consideration, in reaching our decision, appellants’ arguments set forth in the briefs along                
              with the examiner’s rationale in support of the rejection and arguments in rebuttal set forth               
              in the examiner’s answer.                                                                                   
                     With full consideration being given to the subject matter on appeal, the examiner’s                  
              rejection and the arguments of appellants and examiner, for the reasons stated infra we                     
              will not sustain the examiner’s rejection of claim 1 under 35 U.S.C. § 102, nor will we                     
              sustain the examiner’s rejection of claims 2 through 6 under 35 U.S.C. § 103.                               
                     Appellants assert, on page 3 of the brief, that the AAPA teaches a coherence                         
              mechanism which provides for a write-back of data to memories when there is new                             
              data in the cache.  On page 4, of the brief, appellants argue that the coherence controller                 
              is not the same as the claimed cache flushing engine.  Appellants argue:                                    
              1Appellants filed an Appeal Brief on June 4, 2003 and appellants filed a Reply Brief on                     
              August 18, 2003.                                                                                            
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