Ex parte TROISI - Page 4




          Appeal No. 1999-0855                                                        
          Application No. 08/730,468                                                  


                         reading said data records from said volatile                 
               memory and storing them in said nonvolatile memory in the              
               order of said sorted record identifiers.                               
               The Examiner relies on the following prior art reference:1             
          Amsbury, “A Balanced Static BST,” Data Structures From Arrays               
          to Priority Queues, pp. 456-59 (Wadsworth, Inc., 1985).                     
               Claims 17-23 stand finally rejected under 35 U.S.C. § 103              
          as being unpatentable over the admitted prior art (hereinafter              
          APA) in view of Amsbury.                                                    
               Rather than reiterate the arguments of Appellant and the               
          Examiner, reference is made to the Briefs  and Answer for the2                                  
          respective details.                                                         
                                      OPINION                                         
               We have carefully considered the subject matter on                                                                     
          appeal,                                                                     
          the rejection advanced by the Examiner, the arguments in                    
          support of the rejection, and the evidence of obviousness                   


               1In addition, the Examiner relies on the admitted prior art at pages 1-
          5 of Appellant’s specification.                                             

               2The Appeal Brief was filed May 4, 1998 (Paper No. 10).  In response to
          the Examiner’s Answer dated May 19, 1998 (Paper No. 11), a Reply Brief was  
          filed July 23, 1998 (Paper No. 12), which was acknowledged and entered by the
          Examiner without further comment as indicated in the communication dated July
          30, 1998 (Paper No. 13).                                                    
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