Ex parte HAMMOND et al. - Page 10




          Appeal No. 94-3710                                                          
          Application 07/777,608                                                      

          1, 6 (Fed. Cir. 1983).  Here, the examiner has not explained                
          why the prior art would have led one of ordinary skill in the               
          art to set an inclusion bit associated with an entry in a data              
          cache so as to indicate an association between the data cache               
          entry and an entry in a segment descriptor cache.  The mere                 
          fact that a modification to a reference would, in hindsight,                
          make for a more efficient system does not mean that the                     
          modification would have been obvious to a person of ordinary                
          skill in the art.  See In re Fine, 837 F.2d 1071, 1075, 5                   
          USPQ2d 1596, 1600 (Fed. Cir. 1988).                                         
               For the foregoing reasons, we do not sustain the                       
          rejection of claims 1-6 as being unpatentable over Kaplinsky                
          and Cepulis.                                                                


                                     Conclusion                                       
               The rejection of claims 1-6 as being unpatentable over                 
          Kaplinsky and Cepulis is reversed.                                          


                                      REVERSED                                        




                                          10                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007