Appeal No. 95-1955
Application 08/109,982
whereas the claimed invention requires a non-volatile memory for
storing the bit map. The appellant further explains (Br. at 11)
the significance of putting the bit map in a non-volatile memory
in noting that it becomes unnecessary to reconstruct the bit map
during each subsequent power up and it is only necessary to test
those segments previously tested as good during the last write
cycle to that address. The non-volatile memory feature is a
substantial and meaningful feature of the claimed invention.
Also, the claims recite 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 rather than a second state.
In stating the rejection (answer at 3), the examiner did not
explain where in Nibby is the disclosure or suggestion for
storing the bit map in a non-volatile memory. Even if Nibby's
ROM which is a non-volatile memory stores the starting addresses
of the bit map or other data stores, the bit map itself with
first data having either a first state or a second state is
stored in a volatile memory (column 3, lines 11-15 and 40-52).
In responding to the appellant's argument, the examiner
erroneously states (answer at 8, ¶ 10): "appellant agrees that
Nibby, Jr. et al uses a ROM (I.E., A NON-VOLATILE MEMORY) to
store a bit map to [indicate] which buffer sections of a memory
-12-
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007