Ex Parte CALDWELL et al - Page 8



          Appeal No.  2004-1597                                                        
          Application No.  09/383,889                                                  
          the two portions be separately compressed, reads on the step of              
          compressing individual cache line blocks of Breternitz (col. 5,              
          lines 22-25), as explained above.  Accordingly, the 35 U.S.C.                
          § 102(e) rejection of claims 1, 2, 5, 7 and 8 over Breternitz is             
          sustained.                                                                   
               Turning now to claims 3, 4, 9 and 10, we note that these                
          claims require that the transformation step includes the step of             
          “reordering the data into column major order,” which requires a              
          different reordering than placing the data in cache line blocks              
          of Breternitz.  We agree with Appellants that dividing and                   
          reordering data in cache line blocks does not disclose that the              
          data is necessarily reordered into column major order.  The                  
          Examiner neither points to any specific teaching in the                      
          reference, other than to the part of Breternitz related to cached            
          compression (col. 2, lines 40-52), nor do we find any, that would            
          have taught or suggested the claimed features.                               
               In view of the discussion above, we find that the claimed               
          “the transformation step further comprises the step of reordering            
          the data into column major order” is absent in the data                      
          compression method of Breternitz.  Accordingly, since the                    
          Examiner has failed to meet the burden of providing a prima facie            


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