Ex parte HAN et al. - Page 7

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

          reasons set forth in the main brief.  The items in direct                   
          cache 20 are placed there only in response to a reference by                
          the computer.  Therefore, the items in victim cache 52, which               
          come from direct cache 20, have already been referenced by the              
          computer.  The recitation in claim 1 “but not referenced by a               
          central processing unit” eliminates directly cached items from              
          consideration.  Instead, the noted recitation from claim 1                  
          requires that qualified instructions be prefetched, that is                 
          not yet referenced by the computer.  The instructions which                 
          are prefetched in Jouppi are stored in a stream buffer 62.                  
          These instructions are loaded into direct cache 20 if they are              
          subsequently referenced by the computer.  However, these                    
          instructions are discarded when additional instructions get                 
          placed into the stream buffer [column 10, lines 24-49].  Claim              

          also recites that the instructions not referenced by the                    
          computer are not “discarded upon replacing them by new ones in              
          a prefetch buffer.”  Since the prefetch buffer 62 of Jouppi                 


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