Ex parte FRAZIER - Page 7




                Appeal No. 97-0707                                                                                                            
                Application No. 08/001,474                                                                                                    


                15 increments or decrements each of the counters, according to                                                                
                the value of the corresponding bit in the data” (column 12, lines                                                             
                39 through 55).  To be more specific, the counters in Jaeckel are                                                             
                incremented when storing a binary one, and decremented when                                                                   
                storing a binary zero (column 2, lines 22 through 24).                                                                        
                         The 35 U.S.C. § 102(e) rejection of claims 6 and 8 is                                                                
                sustained because we agree with the examiner (Answer, page 7)                                                                 
                that Jaeckel discloses (column 12, lines 19 through 68) that “the                                                             
                multiple bit binary counters receive data from a data signal path                                                             
                equal in width to a number of multiple bit binary counters (see                                                               
                figure 1, items 23 and 12 and C1-Cm) and output for each bit                                                                  
                position of information in response to a read command and                                                                     
                activation of the hard memory location (see also figure 1).”                                                                  
                The 35 U.S.C. § 102(e) rejection of claim 9 is reversed                                                                       
                because Jaeckel does not teach “partitioning said address space                                                               
                such that said hyperspheres corresponding to each key address do                                                              
                not overlap  a hypersphere of any other key address.”  The4                                                                                                          
                35 U.S.C. § 102(e) rejection of claims 10 through 12 is reversed                                                              
                because these claims depend from claim 9.                                                                                     
                         The 35 U.S.C. § 102(e) rejection of claims 15 and 16 is                                                              

                         4As indicated supra, appellant did not contest this                                                                  
                limitation in the arguments made for claims 1 and 13.  An                                                                     
                argument not made is an argument that is waived.                                                                              
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