Ex parte DAN et al. - Page 4




          Appeal No. 96-3294                                                          
          Application 08/055,422                                                      


          Claims 1-8                                                                  
               Claim 1 recites using read/write ratios to determine a                 
          plurality of categories of buffer management policies based on              
          possible ranges of the read/write ratios and to assign files                
          to a particular buffer management policy corresponding to the               
          determined read/write ratio for that file.                                  
               The Examiner's position with regard to the read/write                  
          ratio is (FR4):  "While Mattson failed to describe use of                   
          read/write ratios, Mattson clearly indicated that it was                    
          concerned with 'performance measures, such as hit/miss ratios'              
          (column 1, lines 21-25).  Because Kitajima informed those of                
          skill in the art that read/write ratios are a significant                   
          performance measure, those of skill in the art would have                   
          known and been motivated to use that performance measure in                 
          Mattson's system."                                                          
               Appellants argue that "MATTSON does not divide or                      
          partition the files being stored in the partitioned cache in                
          accordance with read/write ratio" (Br8-9).  Appellants argue                
          that while "KITAJIMA apparently does collect read/write                     
          statistics" (Br9) as part of assigning files to storage                     


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