Ex parte COOPER - Page 5




          Appeal No. 1999-0294                                                        
          Application No. 08/727,256                                                  


          facie case of obviousness with regard to the instant claimed                
          subject matter.                                                             
               Each of the independent claims 1, 9, 16 and 23 requires,               
          in one form or another, the disabling of ECC capabilities,                  
          writing a test pattern and a first ECC code during the time                 
          the ECC capabilities are disabled, enabling the ECC                         
          capabilities subsequent to writing the test pattern, and then               
          reading data stored in memory using the memory controller,                  
          subsequent to the enabling.  The examiner admits that Arroyo                
          does not disable the ECC capabilities and does not then enable              
          the ECC capabilities subsequent to writing a test pattern, as               
          claimed.                                                                    
               The writing of a test pattern must take place subsequent               
          to disabling the ECC capabilities, according to the dictates                
          of the instant claimed invention.  We find nothing in Arroyo                
          remotely related to such a claimed feature, and the examiner                
          has pointed to nothing.  The examiner attempts to explain                   
          this, at page 4 of the answer, by referring to a write and                  
          read operation in Arroyo and concluding that the artisan would              
          have realized that Arroyo’s ECC generator 41 would have been                
          disabled during the write operation and would have been                     
                                         5–                                           





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