Ex parte ZAGER et al. - Page 5




              Appeal No. 1998-1801                                                                                      
              Application No. 08/285,411                                                                                

              claimed combination of placing the address tag array inside a microprocessor chip and                     
              the data array outside the chip.  As appellants point out, Moussouris teaches that both the               
              tag and data array should be implemented off the CPU chip (see column 2, lines 47-56).                    
              However, appellants appear to recognize that in the context of Moussouris’ description of                 
              the prior art, this is merely a preferred architecture, and Moussouris may be viewed as                   
              providing evidence that, in general, chip boundaries may be arbitrarily drawn.                            
                                                                  n                                                     
                     However, appellants’ position is that in a “2  way set associative” cache memory as                
              presently claimed, the artisan’s knowledge of the conventional way of accessing the arrays                
              meant that the artisan would not have arrived at the claimed architecture of placing the                  
              address tag array inside a microprocessor chip and the data array outside the chip.                       
              Doing so would have been, in effect, going against the conventional wisdom.                               
                     The portion of Moussouris identified in the rejection does not appear to describe                  
              the specifics of a set associative cache, nor the manner of accessing arrays in a set                     
              associative cache.  The examiner expresses disagreement with the assumption of                            
              simultaneous accessing in prior art set associative cache memories.  Yet, appellants point                
              to evidence that is argued to support their position, and the examiner has not addressed                  
              the evidence.                                                                                             
                     Therefore, on this record, we conclude that a critical finding upon which the rejection            
              is based has not been established by a preponderance of the evidence.  That is, the                       



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