Ex parte GOEDKEN et al. - Page 4




              Appeal No. 1997-3839                                                                                        
              Application No. 08/120,144                                                                                  


                     Furthermore, the examiner has not provided clear correspondence in the                               
              specification to support the position maintained by the examiner that Hamilton clearly                      
              anticipates the language in claim 1.   From our review of Hamilton and by closely reviewing                 
              the portions of Hamilton cited by the examiner (see Answer at page 4), we find that                         
              Hamilton teaches a verification of integrity of the volatile memory after a reset                           
              mode/condition is indicated, and if the data is corrupted, the memory is initialized.  If the               
              data is not corrupted, the memory is not initialized.  (See Summary of the Invention at col.                
              2.)  We do not find any clear support for the examiner’s statement that “Hamilton et al.                    
              teach the feature of initializing only a portion of a volatile memory.”  (See Answer at page                
              3.)   The examiner relies upon a reset condition initializing the memory and if the validity of             
              the memory is valid then the memory is initialized “as-is” to meet the language of claim 1.                 
              (See Answer at page 4.)  We disagree with the examiner.  The examiner’s interpretation of                   
              the “initializing” limitation is inconsistent.  Inaction with respect to the memory is not the              
              same function as initializing portions of the memory as recited in the language of claim 1.                 
              Therefore, we will not sustain the rejection of independent claim 1 and its dependent                       
              claims 2-4.                                                                                                 
                                                     CLAIMS 5-12                                                          

                     Before addressing the examiner's rejections based upon prior art, it is an essential                 
              prerequisite that the claimed subject matter be fully understood.  Analysis of                              


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