Ex parte HAN et al. - Page 6

          Appeal No. 1998-2596                                                        
          Application 08/522,222                                                      

          victim cache as disclosed by Jouppi [answer, pages 3-4].                    
          Appellants argue that the examiner has incorrectly                          
          analyzed the Jouppi disclosure and has confused the                         
          disclosures relating to the miss cache, the victim cache and                
          the prefetch techniques.  Specifically, appellants argue that               
          the victim cache of Jouppi, which is cited by the examiner to               
          reject claim 1, is loaded only with items from cache 20 which               
          only holds items which have previously been referenced by the               
          computer.  Appellants additionally argue that the prefetch                  
          instructions of Jouppi are not stored in the victim cache as                
          asserted by the examiner [brief, pages 4-11].  Thus,                        
          appellants argue that Jouppi’s victim cache does not store                  
          blocks which have not been referenced by the                                

          computer as recited in claim 1.  The examiner responds that                 
          although the victim cache of Jouppi contains blocks thrown out              
          from cache 20, this does not mean that the data blocks from                 
          the cache 20 are already referenced by the computer [answer,                
          page 16].                                                                   
          We agree with appellants’ position for essentially the                      


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