Ex Parte FRANASZEK et al - Page 8


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

            of Richter would not benefit from data compression for the                
            reason noted by the examiner.                                             
                 In summary, we find that the examiner has established a              
            prima facie case of the obviousness of claim 1.  We have                  
            considered each of appellants’ arguments with respect to                  
            claim 1, but we are not persuaded by any of these arguments               
            that the examiner’s rejection is in error.  Therefore, we                 
            sustain the rejection of claims 1, 4, 9, 12, 15, 20, 23 and               
            31-33.                                                                    
                 Appellants argue claims 2, 10, 11, 13, 21, 22, 24, 29,               
            30 and 34 as a second group of claims [brief, page 4].  With              
            respect to representative claim 2, the examiner acknowledges              
            that the combination of Richter and Franaszek does not teach              
            determining if there is enough free space in the memory to                
            add a new entry.  The examiner asserts that making this                   
            determination was well known in the art and that it would                 
            have been obvious to the artisan to make this determination               
            [answer, page 5].                                                         
                 Appellants argue that since claim 1 recites compressed               
            data, the estimate of free space is non-trivial to obtain.                
            Thus, appellants assert that this estimate is not a simple                
            check of unallocated free space [brief, page 8].  The                     
            examiner responds that appellants’ arguments do not show how              

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