Ex Parte RHODES - Page 7



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

          that the teachings in Menasce can be extended to arrive at the              
          claimed invention.  Appellant also responds that Smith relates              
          only to dividing a cumulative cache memory into a plurality of              
          partitions and not to a memory space division as claimed [reply             
          brief, pages 3-8].                                                          
          We will not sustain the examiner’s rejection of claim 1                     
          based on this record.  With respect to the question of whether              
          the branches in Menasce are separate and independent, we are not            
          persuaded by appellant’s arguments that these branches are                  
          interdependent as argued by appellant.  Although Menasce states             
          that the CMMUs are interleaved rather than the data or code                 
          words, we understand from the drawings that it is the access of             
          the CMMUs that is interleaved rather than the CMMUs per se.  In             
          other words, the data storage and retrieval within each branch              
          appears to be separate and independent to us.  Nevertheless, we             
          agree with appellant that neither Menasce nor Smith teaches the             
          claim recitation of at least one branch having at least one                 
          hierarchical level of multiple cache memory units in a memory               
          space division.  The examiner’s position that Menasce can be                
          extended to arrive at the claimed invention is unsupported by               
          Menasce.  Although Menasce teaches that bandwidth is improved by            
          going from the structure of Figure 1 to the structure of Figure             
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