Ex parte ALECCI et al. - Page 17




          Appeal No. 1997-1654                                      Page 17           
          Application No.  08/431,307                                                 


                                Claims 30, 40, and 48                                 
               Regarding claims 30, 40, and 48, the appellants argue,                 
          “The Office Action fails to identify any specific text, source              
          code, or other portion of the cited references which discusses              
          scratch memory.”  (Appeal Br. at 16.)  The examiner makes the               
          following reply.                                                            
               The ‘specific text’ appellant might refer to appears                   
               at Lam, page 24, col 2: [t]he code is made up of                       
               multiple code segments, and only those segments in                     
               use are kept in memory.  As other segments are                         
               needed, thev are read in from disc.  This explicit                     
               teaching of downloading needed items from separate                     
               storage into a temporary, or ‘scratch memory’ as                       
               they are called for then combines with the                             
               ‘default’/’overriding attribute’ arrangement of                        
               Rosenthal, in which given subobjects must of                           
               necessity assemble final ‘attribute’ sets before                       
               they can be executed.  (Examiner’s Answer at 6.)                       

          We agree with the appellants.                                               


               Claims 30, 40, and 48 require “a scratch memory area”                  
          that is distinct from the memory locations where the claimed                
          default attributes and overriding attributes are stored.  The               
          examiner errs in interpreting the content of Lam.  Although he              
          refers to Lam’s memory, as aforementioned, the memory is the                
          main memory area where a computer program is loaded.  Lam, p.               







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