Ex parte BROWN - Page 11

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

          under 35 U.S.C.  112, second paragraph.                                    
          The rejection of claims 10-12 as                                            
          being obvious under 35 U.S.C.  103                                         
               We do not sustain the rejection of claims 10-12 under                  
          35 U.S.C.  103 as being unpatentable over Nibby and Hill.                  
               The examiner found as follows (answer at 3):                           
               To test a data store's memory segment, Nibby, Jr. et                   
               al's method performs a test on each storage location                   
               associated with each addressable location of the memory                
               segment.  After each addressable location in a memory                  
               segment has been tested, the results of these tests is                 
               used to determine whether or not the entire segment of                 
               the data store is good or bad.  If the memory segment                  
               of the data store contains at least one bad addressable                
               location, then that entire segment of the data store is                
               marked as bad.  Otherwise that segment of the data                     
               store is marked as good.  The results of this                          
               determination is then used to create a bit map buffer,                 
               which inherently has two states, i.e., a state                         
               representing a good area and the alternative state                     
               representing a bad area.                                               
               None of the foregoing is disputed by the appellant.                    
          However, two issues are in apparent dispute.  First, the claimed            
          invention requires that the bit map buffer be contained in a data           
          store of a non-volatile memory.  Secondly, the claimed invention            
          recites that the cyclic redundancy code CRC is calculated only              
          for those data stores whose corresponding first data in the bit             
          map are in a first state and not for all data stores.                       
               The appellant correctly asserts (Br. at 11-12) that Nibby              
          puts its bit map in a static RAM which is a volatile memory,                


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