Ex Parte RHODES - Page 6



          Appeal No. 2003-0333                                                        
          Application No. 09/231,041                                                  

          Appellant argues that the portion of Menasce relied on by                   
          the examiner fails to support the examiner’s position that the              
          branches in Menasce are separate and independent as claimed.                
          Appellant argues that the branches in Menasce are clearly                   
          interleaved and, therefore, not independent.  Appellant also                
          argues that any memory space division in Menasce occurs in                  
          separate branches rather than in an individual branch as claimed.           
          Appellant also argues that Smith relates only to dividing a cache           
          into a plurality of partitions and not to a memory space division           
          as claimed [brief, pages 4-8].                                              
          The examiner responds by essentially repeating the                          
          language of the final rejection.  The examiner disagrees with               
          appellant that the branches in Menasce are not independent.  As             
          noted above, the examiner simply asserts that the teachings of              
          Menasce can be extended to arrive at the claimed invention or               
          that Smith teaches the memory space division as claimed [answer,            
          pages 8-10].                                                                
          Appellant responds that the interleaving in Menasce and                     
          the teaching that the CMMUs for each word may be paralleled                 
          require that the branches be interdependent.  Appellant complains           
          that the examiner failed to address this argument.  Appellant               
          also argues that there is no support for the examiner’s position            
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