Ex parte KONIGSBURG et al. - Page 13




                 Appeal No. 1999-2747                                                                                                                  
                 Application 08/757,979                                                                                                                


                 levels because it would make the system more economical by                                                                            
                 reducing the amount of circuitry required to bypass faults at                                                                         
                 the cost of bypassing a greater amount of the cache since this                                                                        
                 would not result in any performance degradation if the data is                                                                        
                 accessed in amounts no more than the claimed granularity                                                                              
                 levels.                                                                                                                               
                          As an additional basis for this assertion, the Examiner                                                                      
                 states:  "In the highly competitive world of computer systems14                                                                                                                       
                 . . . artisans constantly strive to reduce cost while                                                                                 
                 maximizing functionality.  Making a particular memory design                                                                          
                 more economical, especially if it can be done without                                                                                 
                 performance degradation, is an important consideration in an                                                                          
                 industry where prices are constantly falling."                                                                                        
                          Appellants argue  that just because a solution is more15                                                                                              
                 economical does not mean the solution is therefore obvious,                                                                           
                 and state that the Examiner's assertions amount to an                                                                                 
                 unsupported opinion by not having objective support to back                                                                           
                 the "economical" assertion.                                                                                                           


                          14Examiner's Answer, page 12.                                                                                                
                          15Brief, page 10; Reply Brief, page 2.                                                                                       
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