Ex Parte West et al - Page 4




            Appeal No.  2004-2227                                                                       
            Application No. 09/726,868                                                                  

            Remarks portion of the answer beginning at page 16 that the noted feature                   
            is not recited in the rejected claims.                                                      
                  In those instances in which the examiner asserts that this                            
            simultaneity of the storing function is said to occur, the examiner only                    
            relies upon portions of columns 3 and 4 of Burns.  Our study of this                        
            reference leads us to the same conclusion as asserted by appellants in the                  
            brief and reply brief that the reference does not address this feature.  Even               
            the flow chart versions of the principal embodiment in Figure 5 and the                     
            alternative embodiment in Figure 6 of Burns do not indicate to us the                       
            concept of storing a first and second delta difference data at the same                     
            point in time/simultaneously as recited in some fashion in each                             
            independent claim on appeal.  It is believed that this is the case in the                   
            context of Burns since Burns does not essentially address the basic concept                 
            otherwise set forth in each independent claim on appeal that at least two                   
            types of delta difference data must be resident in the memory to                            
            accommodate first new data and old data and second new data with                            
            respect to old data.  Only a single or one type of old data such as the prior               
            file 200a of Burns and a single update 206 appear to be contemplated by                     
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