Appeal No. 96-3294
Application 08/055,422
370 F.2d 927, 936, 152 USPQ 247, 254 (CCPA 1967) ("This court
has uniformly followed the sound rule that an issue raised
below which is not argued in this court, even if it has been
properly brought here by a reason of appeal, is regarded as
abandoned and will not be considered. It is our function as a
court to decide disputed issues, not to create them.").
As to the preamble environment of "a client-server
computer system," the Examiner concludes that it would have
been obvious to one of ordinary skill in the art to use
Mattson in a client-server environment (Paper No. 2, page 5).
The Examiner further finds that Mattson may be used for DASD
cache paging and "[i]nasmuch as a DASD cache is a fileserver
cache, those of skill in the art would have appreciated the
applicability of Mattson's invention in the claimed
environment" (EA5). Appellants argue that "the MATTSON cache
is not assisting a fileserver having clients as claimed"
(Br9). While a direct access storage device (DASD) does not
imply use of the storage device as a fileserver, we agree with
the Examiner that one of ordinary skill in the art would have
recognized that the DASD cache management technique in Mattson
is applicable to a client-server network environment.
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