Ex Parte FRANASZEK et al - Page 6


            Appeal No. 2002-0058                                                      
            Application No. 08/859,865                                                

            application of art.  Appellants also argue that the items in              
            Franaszek are not freely accessible as claimed.  Finally,                 
            appellants argue that the teachings of Franazek are directed              
            away from paging as recited in claim 1 [brief, pages 4-8].                
                 The examiner responds that Richter, Franaszek and the                
            claimed invention are all directed to the field of memory                 
            management.  The examiner also responds that Richter, rather              
            than Franaszek, is relied on for the teaching of items being              
            freely accessible.  Finally, the examiner notes that                      
            although Richter teaches use of segmentation, that does not               
            negate the fact that the reference teaches storing pages in               
            the main memory of the system [answer, pages 7-9].                        
                 Appellants respond that the field of endeavor of claim               
            1, taken as a whole, is different from the field of endeavor              
            of Richter.  Appellants also respond that there is no                     
            teaching or suggestion in Richter regarding the need or                   
            desirability for data compression [reply brief, pages 2-3].               
                 We will sustain the rejection of the first group of                  
            claims because none of appellants’ arguments are persuasive               
            of error in the rejection.  On the first point, we agree                  
            with the examiner that the field of endeavor of the                       
            invention of claim 1 and the disclosure of Richter is the                 
            field of memory management.  Based on the scope of claim 1,               

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