Ex Parte Bertone et al - Page 5



          Appeal No. 2006-0614                                                        
          Application No. 09/652,834                                                  

          223 USPQ 785, 788 (Fed. Cir. 1984); and In re Rinehart, 531 F.2d            
          1048, 1052, 189 USPQ 143, 147 (CCPA 1976).  Only those arguments            
          actually made by appellants have been considered in this                    
          decision.  Arguments which appellants could have made but chose             
          not to make in the brief have not been considered and are deemed            
          to be waived [see 37 CFR § 41.37(c)(1)(vii)(2004)].                         
               The examiner has indicated how the claimed invention is                
          deemed to be rendered obvious by the collective teachings of the            
          applied prior art.  Specifically, the examiner finds that                   
          Cherabuddi teaches the claimed invention except for the claimed             
          cache directory.  The examiner cites Arimilli as teaching a                 
          method and system for speculatively sourcing cache memory data              
          that includes a cache directory lookup functionality and the                
          speculative sourcing of data among cache memories.  The examiner            
          finds that it would have been obvious to the artisan to                     
          incorporate the speculatively updateable cache directory of                 
          Arimilli into the Cherabuddi system [answer, pages 4-5].                    
          With respect to claims 1, 3, 5, 7 and 10, which are argued                  
          as a single group by appellants, appellants argue that Cherabuddi           
          does not even discuss cache directories, reading or writing from            
          cache directories, or speculatively reading/writing cache                   
          directories.  They also argue that Arimilli relates to                      
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