Ex parte BEARDSLEY et al. - Page 3




          Appeal No. 96-0028                                                           
          Application 07/885,099                                                       

                    The Examiner’s Answer cites the following prior art:               
                                                                                      
                                                                                      
          Hartung et al. (Hartung)            4,583,166                Apr.            
          15, 1986                                                                     
          Beardsley et al. (Beardsley)        5,146,576                Sep.            
          8, 1992                                                                      




                                       OPINION                                         
                    Claims 1-10 and 15-19 stand rejected under 35 U.S.C.               
          § 103 as being unpatentable over Hartung in view of Beardsley.               


                    The examiner identifies only two differences between               
          Hartung and the claimed subject matter: Hartung does not                     
          disclose a nonvolatile storage or a controller rate change                   
          buffer.  The examiner relies on common knowledge for teaching                
          the storage and on Beardsley for teaching the buffer.                        
          Examiner’s Answer at 4-5.                                                    
                    According to appellant, the prior art also fails to                
          teach (1) determining whether an operation is a miss avoidance               
          candidate and (2) staging data into cache upon the device                    
          sector ready interrupt dropping and the request from the                     



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