Appeal No. 2003-0227
Application No. 09/428,871
digital images are stored and can therefore be considered a
separate data storage unit” (answer, page 8). Garfield discloses
that “the thumbnail digital images are cached at the image
server 16 in a special directory reserved for this purpose. (see
e.g., et, FIG. 3B). Subsequent access to the thumbnail digital
images may be obtained by retrieving them directly from this
cache. Thumbnail digital images in the cache can be deleted as
required, and regenerated as needed” (col. 6, line 64 - col. 7,
line 3). The thumbnail digital images are cached on a data
storage tier that is comparable to the appellants’ first data
storage tier. The examiner does not explain how Garfinkle’s
image server’s special directory for caching thumbnail digital
images from this first data storage tier anticipates a data
storage unit that caches digital images from a second data
storage tier that archives digital images from the first data
storage tier.
For the above reasons we conclude that the examiner has not
carried the burden of establishing a prima facie case of
obviousness of the appellants’ claimed invention.
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