Appeal No. 2001-2164
Application No. 09/024,620
The examiner, at page 10 of the answer, contends that while
it “may or may not be true” that Wilson does not discuss data
being kept inconsistent with cached copies, “appellants have not
claimed such a limitation” and even assuming this is claimed,
“not sharing the value at the time it sources it is indeed
keeping that data inconsistent.” The examiner’s position is in
error. Clearly, the claims require the cached data to be
inconsistent with the data in system memory because the claims
require a “modified” value and that is what “modified” means,
i.e., that the data in the cache has been “modified,” or changed,
so that it is no longer consistent with the data in the system
memory. Wilson clearly does not disclose or suggest the tagged
intervention response specifically set forth in the instant
claims.
Since neither of the applied references teaches or suggests
the tagged intervention response claimed by appellants, the
instant claimed subject matter cannot be said to have been
obvious over the combination of these references.
We also note that the examiner’s rejection under
35 U.S.C. § 103 is deficient for another reason. The examiner
indicates that the rejection is based on the combination of Singh
and Wilson. But, while the examiner alleges that Singh teaches
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