Ex Parte CALDWELL et al - Page 3



          Appeal No.  2004-1597                                                        
          Application No.  09/383,889                                                  
                                       OPINION                                         
               At the outset, we note that Appellants indicate that claims             
          1, 2, 5, 7 and 8 stand or fall together as one group while claims            
          3, 4, 9 and 10 stand or fall as another group (brief, page 4).               
          In accordance with this grouping, we will limit our review of the            
          appeal to claims 1 and 3 as the representative claims of their               
          respective groups.                                                           
               Appellants argue that the claimed limitation of                         
          “transforming the data in accordance with a schema,” as recited              
          in independent claims 1 and 7, is defined at page 5, lines 19-21             
          of the specification, and requires “partitioning and reordering              
          the data in a manner that optimizes the compression of the input             
          data” (brief, page 5).  Referring to Figures 1 and 2 of                      
          Breternitz, Appellants point out that the relied upon teachings              
          actually relate to compressing instructions instead of data, to              
          the pre-compression activity that is only of the conventional                
          type and to segmenting the memory into blocks that is not                    
          partitioning and reordering the data (brief, page 7).                        
               In response to Appellants’ arguments, the Examiner asserts              
          that the pre-compression activity of dividing the uncompressed               
          code into blocks of Breternitz discloses the claimed transforming            
          the data in accordance with a schema (answer, page 5).  The                  

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