Ex parte DAN et al. - Page 8




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

          A person of ordinary skill in the art must be presumed to know              
          something about the art apart from what the references                      
          expressly disclose.  In re Jacoby, 309 F.2d 513, 516,                       
          135 USPQ 317, 319 (CCPA 1962).                                              
               As to the limitation of "grouping related files into                   
          filesets," the Examiner finds that Kitajima teaches "the                    
          classification of files into groups based at least in part on               
          the files read/write ratios allowed for storage allocation"                 
          (Paper No. 2, page 7).  While we do not find grouping in                    
          Kitajima, Appellants do not argue this limitation and, hence,               
          the obviousness of the limitation is not challenged.                        
               As to the limitation of "collecting fileserver access                  
          operation statistics for each of said filesets," Mattson                    
          discloses collecting counts of the number of hits to a group,               
          which contain the information needed to determine the hit                   
          ratio to data caches of different capacities (col. 7,                       
          lines 26-30).  Appellants do not argue this limitation.                     
               As to the limitation of "classifying said filesets into a              
          plurality of fileset categories having similar collected                    
          access operation statistics," Mattson discloses partitioning a              
          Least Recently Used (LRU) stack into equivalence classes based              

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