Ex Parte JING et al - Page 4




              Appeal No. 2002-1337                                                                                      
              Application No. 09/000-635                                                                                


                     Appellants argue that Orbits is not concerned with maintaining a cache storage                     
              in a network device coupled to a plurality of client devices, as is the instant invention                 
              but, rather, Orbits is directed only to managing coupled memory that is accessible by a                   
              plurality of CPUs.                                                                                        
                     In particular, appellants point out that the coupled memory, CM, in Orbits is not a                
              cache storage, as claimed, since Orbits shows two cache memories separate and apart                       
              from the managed coupled memory.                                                                          
                     More specifically, appellants point to the claim language requiring that the                       
              plurality of client devices are “capable of downloading objects” and that each cached                     
              object “is associated with at least one client device that downloaded it,” arguing that it is             
              clear that the individual CPUs in Orbits are not “client devices,” as that term is used in                
              the instant claims and as would be understood by artisans.                                                
                     Still further, argue appellants, even if one could equate the coupled memory and                   
              CPUs of Orbits to the cache storage and client devices of the instant claimed invention,                  
              which appellants do not concede, Orbits would still not anticipate the instant claimed                    
              invention because “the reference lacks any teaching of determining an amount of the                       
              CM occupied by objects associated with each of a plurality of CPUs, or removing                           
              objects from the cache if that amount exceeds a predetermined threshold” (principal                       





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