Ex parte DEKONING et al. - Page 8




            Appeal No. 1999-0568                                                      
            Application No. 08/447,594                                                

            on the basis of the evidence as a whole and the relative                  
            persuasiveness of the arguments.  See Id.; In re Hedges,                  
            783 F.2d 1038, 1039, 228 USPQ 685, 686 (Fed. Cir. 1986);                  
            In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788                    
            (Fed. Cir. 1984); and In re Rinehart, 531 F.2d 1048,                      
            1051-52, 189 USPQ 143, 147 (CCPA 1976).  Only those                       
            arguments actually made by appellants have been                           
            considered in this decision.  Arguments which appellants                  
            could have made but chose not to make in the brief have                   
            not been considered (see 37 CFR                                           
            § 1.192(a)).                                                              
            With respect to representative, independent claim 1,                      
            the examiner cites Baror as teaching a flexible cache                     
            system.  The examiner acknowledges that Baror does not                    
            specifically teach the steps of transferring, writing,                    
            initiating and terminating as recited in claim 1.                         
            Barajas is cited as teaching a method for flushing a                      
            cache oriented computer architecture which has the above-                 
            noted four steps of claim 1.  The examiner finds that it                  
            would have been obvious to the artisan to apply the                       
            technique of Barajas to the Baror system in order to                      

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