Appeal No. 2003-0376
Application 09/364,281
system of Walter. We can find no valid basis for motivating the
artisan to apply the cache hash addressing teachings of Eberhard
to the hardware system of Walter.
The examiner’s rejection also fails because it
substantially relies on inherency to support the examiner’s
findings. As argued by appellants, an examiner cannot rely on
inherent properties of a reference unless the inherent properties
relied on are necessarily present in the applied prior art. The
examiner’s findings of inherency on this record are based on
nothing more than the examiner’s mere opinion. We agree with
appellants that the claimed hash circuit and hash selection
circuit, as specifically recited in the claims on appeal, are not
inherent in the teachings of Eberhard and Walter whether taken
alone or in combination.
We now consider the rejection of claims 2, 8 and 14 based
on Eberhard, Walter and Edwards. Since Edwards does not overcome
the deficiencies in the combination of Eberhard and Walter
discussed above, we also do not sustain the examiner’s rejection
of these claims.
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