Ex parte BROWN - Page 12

          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             


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