Ex parte DAN et al. - Page 5




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

          devices, Kitajima fails to explain how read/write ratios are                
          used and is not relevant to the claimed invention (Br10).                   
               We agree with Appellants that the subject matter of                    
          claim 1 is not suggested by the combination of Mattson and                  
          Kitajima.  Kitajima discloses a method for optimum allocation               
          of files to storage devices in which the desired hit ratio,                 
          number of writes, and read/write ratio are kept within                      
          suitable ranges (abstract).  Kitajima does not clearly explain              
          how read/write ratios are used.  Kitajima does not suggest the              
          use of read/write ratios to implement different buffer                      
          management policies or assigning files based on their                       
          read/write ratio.  Since Kitajima is directed to allocation of              
          files to storage devices rather than improving the hit ratio                
          in buffers in a client-server environment, it appears that the              
          only way the Examiner could have come to use the read/write                 
          ratio teachings of Kitajima was by impermissible hindsight                  
          using Appellants' disclosure as a guide.  Appellants indicate               
          that they discovered that different read/write ratios in a                  
          client-server environment favor different buffer management                 
          policies (specification, page 5).  There is no teaching of                  
          this concept in Mattson or Kitajima.  The general teaching in               

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