Ex Parte JING et al - Page 5




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


              brief, page 9).  Instead, Orbits merely evaluates the amount of free space in the CM so                   
              that when the amount of free space is below a threshold, a predetermined number of                        
              pages are placed on a list of pages to be replaced as new data is added to the CM.                        
                     We agree with appellants.                                                                          
                     It does appear to us that Orbits is unconcerned with networks and downloading                      
              of objects from a network to a client device, and so would be inapplicable to the instant                 
              claimed invention.  But, even if we agreed with the examiner’s interpretation of Orbits’                  
              CPUs as client devices that download objects (column 5, lines 21-29, of Orbits does                       
              indicate that the CPU associated with a CM region may access data either in that CM                       
              region or from a remote CM region through global interconnect 12 so one might call the                    
              CPU a “client device” which is capable of “downloading” data, or an object, from a                        
              remote location), it is very clear to us that Orbitz does not disclose the removal of                     
              cached objects to ensure that the amount of cache resource occupied by cached                             
              objects associated with any given client device does not exceed a predetermined                           
              threshold, as claimed.  Instead, Orbits discloses, at column 12, lines 47-53, that                        
                     At prescribed intervals, the free memory of each coupled memory region                             
                     is evaluated to determine if it is below a threshold.  If below the threshold,                     
                     a predetermined number of pages of the coupled memory region are scanned.                          
                     Infrequently used pages are placed on a list of pages that can be replaced                         
                     with pages stored in the storage medium.                                                           





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