Ex parte BROWN - Page 13

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

          are either good or bad."  We do not see that the appellant has              
          made any such representation.  The appellant consistently                   
          asserted that in Nibby, the bit map is stored in a volatile                 
          memory.  (Br. at 11, line 23 and at 12, lines 3-8).  Indeed, the            
          appellant stated (Br. at 12, lines 7-10):                                   
                    Appellant places the bit map for the respective                   
               nonvolatile memories in a portion of the respective                    
               nonvolatile memory.  Therefore, it is unnecessary to                   
               remap the respective memories during power-up.  It is                  
               only necessary to check the previously marked memory                   
               area designated as good.                                               
               The examiner also has not pointed to anything in Nibby and             
          we have not located any teaching in Nibby which reasonably                  
          suggests doing a memory check, whether by calculating the CRC or            
          by any other method, only for those data stores whose first data            
          in the bit map are in a first rather than a second state.  Each             
          of the appealed claims includes that feature in the form of                 
          calculating and storing a CRC.                                              
               Hill has been relied on by the examiner in connection with             
          that feature of the claimed invention which requires a second               
          non-volatile memory containing redundant data to that stored in             
          the first non-volatile memory.  In the manner as applied by the             
          examiner, Hill does not make up for the deficiencies of Nibby as            
          discussed above.                                                            
               It should be noted that the mere fact that the prior art may           


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