Ex parte HAN et al. - Page 8

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

          does discard                                                                
          these instructions, it also cannot meet the recitations of                  
          claim 1.  Thus, neither victim cache 52 nor prefetch buffer 62              
          can meet the limitations set forth in claim 1.                              
          The examiner’s incorrect findings with respect to the                       
          teachings of Jouppi result in the examiner having failed to                 
          establish a prima facie case of the obviousness of claim 1.                 
          Therefore, we do not sustain the rejection of claim 1 or of                 
          claims 2-5 which depend therefrom.  Since the examiner’s                    
          rejection of all the remaining claims relies on the same                    
          incorrect interpretation of Jouppi, we also do not sustain the              
          rejection of claims 6-27 for reasons discussed above and for                
          the additional reasons set forth in appellants’ main brief                  
          with respect to these claims.                                               


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