Ex Parte Wilson et al - Page 2



          Appeal No. 2004-2199                                                        
          Application No. 09/896,043                                                  

                         the piece of data to convert to a location address           
                         corresponding to an entry pointing to the location           
                         of the piece of data; and                                    
                    a memory manager manages the data blocks independent of           
                         an operating system and a processor unit executing           
                         the program accessing memory, including managing             
                         locations and movements of the data blocks.                  
               The following reference is relied on by the examiner:                  
          Gulick et al. (Gulick)          6,314,501          Nov.  6, 2001            
          (filing date: Dec. 18, 1998)                                                
               Claims 1 through 20 stand rejected under 35 U.S.C. § 102(e)            
          as being anticipated by Gulick.                                             
               Rather than repeat the positions of the appellants and the             
          examiner, reference is made to the brief and reply brief for                
          appellants’ positions, and to the answer for the examiner’s                 
          positions.                                                                  
                                       OPINION                                        
               We reverse.                                                            
               Generally for the reasons set forth by appellants in the               
          principal brief, we reverse the rejection of claims 1 through 20            
          under 35 U.S.C. § 102.  Essentially, we have concluded that the             
          examiner has failed to establish a prima facie case of                      
          anticipation within 35 U.S.C. § 102.                                        
               Initially, we note that the examiner takes the position that           
          certain features are “known in the art” as set forth at the                 
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