Ex parte MANN - Page 8




          Appeal No. 96-3978                                                          
          Application No. 08/092,628                                                  


         review of Morgan we agree with Appellant (Reply Brief, page 2)               
         that whether or not these parameters are "physical"                          
         characteristics of a memory, as asserted by the Examiner, they               
         are static parameters which give no indication of access speed.              


              Since, for all of the reasons discussed above, we are of                
         the view that the prior art applied by the Examiner does not                 
         support the rejection, we do not sustain the rejection of                    
         independent claims 21 and 23.  Therefore, we also do not                     
         sustain the rejection of dependent claims 22 and 24-26.                      
              In conclusion , we have not sustained the Examiner’s                    
         rejection of any of the claims under 35 U.S.C. § 103.                        
         Accordingly, the decision of the Examiner rejecting claims 21-               
         26 is reversed.                                                              


                                      REVERSED                                        
                                                                                     


                        JAMES D. THOMAS                )                              
                        Administrative Patent Judge    )                              
                                                       )                              
                                                       )                              
                                                       )                              
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