Appeal No. 2001-0465
Application No. 09/070,039
'evidence'". In re Dembiczak, 175 F.3d 994, 999, 50 USPQ2d 1614,
1617. "Mere denials and conclusory statements, however, are not
sufficient to establish a genuine issue of material fact."
Dembiczak, 175 F.3d at 999, 50 USPQ2d at 1617, citing McElmurry
v. Arkansas Power & Light Co., 995 F.2d 1576, 1578, 27 USPQ2d
1129, 1131 (Fed. Cir. 1993).
Appellants argue that Nielsen does not relate to any kind of
cache functions and certainly does not teach or suggest sizing of
cache or monitoring of prior transmissions for cache sizing. See
page 4 of Appellants' specification. Appellants argue that
Vishlitzky does not teach or suggest cache sizing based upon
monitoring prior transmissions of screened pages.
Upon our review of Appellants' claims, we note that all the
claims require monitoring the quantity of disk storage and of RAM
used in cache during prior transmission of screened pages.
Furthermore, as we pointed out above, this is consistent with
Appellants' disclosure.
Upon our review of Nielsen and Vishlitzky, we fail to find
any teaching or suggestion of determining cache size based upon
prior transmission of screened pages. In particular, we note
that Vishlitzky is concerned with cache sizing but does not base
cache sizing on monitoring the quantity of disk storage and of
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