Ex parte HERBERT - Page 3



         Appeal No. 95-4815                                                        
         Application No. 08/065,387                                                

              Reference is made to the brief and answer for the                    
         respective positions of appellant and the examiner.                       
                                     OPINION                                       
              We will sustain the rejection of claims 2 and 8 under                
         35 U.S.C. ' 103 but we will not sustain the rejection of                  
         claims 1, 3 through 7 and 9 under 35 U.S.C. ' 103.                        
              With regard to independent claim 1, the claim calls for a            
         two-step method of copying data to a video RAM.  First, a                 
         processor is ordered to copy a consecutive data field to                  
         consecutive addresses in a video RAM.  Clearly, this is part              
         of the prior art and is fairly suggested by Diepstraten.                  
              The second step requires receiving the consecutive data              
         field from the processor and distributing it to non-                      
         consecutive addresses in video RAM.  Apparently, there is no              
         dispute that Diepstraten does disclose non-consecutive                    
         addressing in video RAM.  See, for example, appellant’s                   
         statements, at page 7 of the brief, that “any non-consecutive             
         addressing for data in area 60 is accomplished by the                     
         processor itself” and “…the data may be distributed in non-               
         consecutive addresses in RAM.”                                            
              The key issue, as we view it, is the claim requirement of            
         “receiving the consecutive data field from the processor.”                


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