Ex parte DAN et al. - Page 10




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

          contain an equivalent limitation to using ranges of read/write              
          ratios; therefore, the argument is not persuasive.                          
               For the reasons stated above, the rejection of claim 9 is              
          sustained.                                                                  
               Claim 10 recites that the fileserver buffer management                 
          policy "creates a relatively higher preference for retaining                
          in said memory buffers portions of files having collected                   
          fileserver access operation statistics corresponding to a                   
          relatively higher read-to-write ratio."  The Examiner states                
          that "[t]his aspect of the invention was addressed with                     
          respect to claim 1" (EA6).  We find no treatment of this                    
          limitation in the discussion of claim 1; indeed, claim 1 does               
          not contain this limitation.  Claim 7, however, contains an                 
          analogous limitation about the time files are resident in the               
          buffer.  The Examiner states with respect to claim 7 that                   
          "Mattson's cache size selection if chosen as a measure of                   
          read/write ration [sic] would necessarily affect the average                
          time in which files remained resident."  Mattson does not base              
          cache size on read/write ratio, which is not measured, and so               
          the Examiner's "if" condition is without support in the                     
          record.  The Examiner states that "[a]dditionally, those of                 

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