Ex parte BEARDSLEY et al. - Page 4




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

          computer system aging beyond a predetermined threshold.                      
          Appeal Brief at 6.                                                           
                    As to (1), the examiner provides a rationale for                   
          interpreting Hartung as disclosing the recited miss avoidance                
          determination.  Examiner’s Answer at 5-6.                                    
                    As to (2), the examiner is silent.  The examiner                   
          fails to address the recited feature either in the statement                 
          of the rejection or in the response to argument.  Upon our own               
          review of the references, we do not find any teaching or                     
          suggestion for staging data into cache upon the device sector                
          ready interrupt dropping and the request from the computer                   
          system aging beyond a predetermined threshold.  With no                      
          rationale establishing a suggestion for such a system, the                   
          rejection cannot be sustained.                                               
                                      CONCLUSION                                       
                    The rejection of Claims 1-10 and 15-19 is not                      
          sustained.                                                                   
                                       REVERSED                                        






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