Ex Parte Ashmore et al - Page 14

                Appeal 2007-1352                                                                             
                Application 10/406,127                                                                       

                "additional memory" requires three memories.  (Br. 18; Reply Br. 8-9.)  We                   
                do not agree.                                                                                
                      The Examiner correctly found that Duprey teaches:  (1) a write cache                   
                in the master storage unit which stores actual data, corresponding to a first                
                cache (Answer 7-8, 18; FF 3); (2) a write cache in a slave storage unit that                 
                stores data, corresponding to a second cache (Answer 8; FF 1); and (3) a                     
                write cache in the master storage unit which stores "meta data,"                             
                corresponding to an additional memory (Answer 8-9, 19-20; FF 3).  As with                    
                claim 16, there is nothing in claim 1 that requires the first cache to be                    
                separate from the additional memory.                                                         
                      We have considered Appellants' remaining arguments and find them                       
                unpersuasive.  Accordingly, we conclude that the Examiner did not err in                     
                rejecting claim 1 under 35 U.S.C. § 103.                                                     
                      With respect to claim 2, Appellants argue that "Duprey does not                        
                appear to disclose or fairly suggest a desire or need for two kinds of memory                
                to serve as a cache."  (Br. 18; Reply Br. 10.)  We do not agree.                             
                      Instead, we agree with the Examiner that volatile and non-volatile                     
                memories, including their properties, merits, and limitations, were well                     
                known in the art at the time of the invention.  (Answer 20.)  We also agree                  
                that Ohmura teaches a cache memory having volatile and non-volatile                          
                memory.  (Answer 20-21; FF 5.)  Therefore, claim 2 is a combination of                       
                familiar elements according to known methods that yields predictable                         
                results.  In addition, Duprey teaches both volatile and non-volatile memory.                 
                (FF 4.)                                                                                      



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