Ex Parte Dwork - Page 5



         Appeal No. 2004-0500                                                       
         Application No. 09/488,783                                                 

         system of Gray with burst access operation as taught by Ramamurthy         
         to “increase speed/efficiency of bus utilization.”                         
              After reviewing the Examiner’s analysis, it is our view that                                                                    
         such analysis carefully points out the teachings of the Gray and           
         Ramamurthy references, reasonably indicates the perceived                  
         differences between this applied prior art and the claimed                 
         invention, and provides reasons as to how and why the prior art            
         teachings would have been modified and/or combined to arrive at the        
         claimed invention.  In our opinion, the Examiner's analysis is             
         sufficiently reasonable that we find that the Examiner has at least        
         satisfied the burden of presenting a prima facie case of                   
         obviousness.  The burden is, therefore, upon Appellant to come             
         forward with evidence and/or arguments which persuasively rebut the        
         Examiner’s prima facie case of obviousness.  Only those arguments          
         actually made by Appellant have been considered in this decision.          
         Arguments which Appellant could have made but chose not to make in         
         the Briefs have not been considered and are deemed to be waived.           
              Appellant’s arguments in response to the obviousness rejection        
         of independent method claim 1 assert that a prima facie case of            
         obviousness has not been established since all of the claimed              
         limitations are not taught or suggested by the Gray and Ramamurthy         
         references.  After careful review of the applied prior art                 
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