Ex parte BROWN - Page 8




          Appeal No. 95-1955                                                          
          Application 08/109,982                                                      

          for those buffers which have already been marked bad (box 1260).            
          Figure 11 reveals that the WRITE operation is not performed for             
          those buffers which have already been marked bad (box 1440).                
          Figure 10A indicates that if there is no READING, there is no               
          corresponding testing for READING (box 1280).  See also the                 
          description on page 15 of the specification.  Similarly,                    
          Figure 11 indicates that if there is no WRITING, there is no                
          corresponding testing for WRITING (box 1470).  See also the                 
          description on pages 16-17 of the specification.  Given that the            
          testing referred to involves the generation of the CRC, the                 
          specification as filed does have adequate written description               
          support for generating and storing the CRC only for the good                
          buffers.  The good buffers, in that regard, are those whose                 
          corresponding first data in the bit map buffer have been set to a           
          first state as opposed to a second state.                                   
               In our view, the examiner failed to address and explain the            
          implication and significance of other description in the                    
          specification tending to support the appellant's position, and              
          merely focused on a single paragraph of text to the exclusion of            
          other relevant evidence.  Upon consideration of the entirety of             
          the specification as a whole, and as discussed above, we find               
          that the rejection of claims 10-12 under 35 U.S.C.  112, first             


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