Appeal No. 1996-2481 Page 17
Application No. 07/828763
The algorithm is based on the number of erasures experienced
by each memory block, i.e., the erase count (S). Initially,
the value of S is set at zero. It is incremented by one for
each erase cycle. Each block stores its own value of S. When
a block’s value reaches a set number of erase cycles, the
block can be replaced automatically with a new block. Col. 9,
ll. 20-31.
The appellants erred in reading limitations from their
specification into the claim. Comparison of Harari and the
prior art as a whole to the claim language evidences that the
reference would have suggested the claimed selecting of a
block to store data because the block has sufficient free
space and based, in some way, on its erase count. Even apart
from what the reference discloses, a person skilled in the art
seeking to store data in a memory block would have known to
select only a block that has sufficient free space. Harari,
moreover, discloses removing blocks with a certain erase
count. Accordingly, only blocks with a lower erasure count
can be selected. This suggests selecting of a block to store
data based on its erase count. Therefore, we find that the
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