Ex Parte 5253341 et al - Page 23




               Reexamination Control No. 90/005,742                                                                                   
               Patent 5,253,341                                                                                                       

          1    animated sequence data representing feature film video – col. 7, ll. 34-36), even though such AV                       
          2    data is not required by the claims35 or by the examiner’s proposed combinations of reference                           
          3    teachings.  An example is the following discussion of cache memory, which is not recited in the                        
          4    claims:                                                                                                                
          5                    10.  Workstations, and in particular, RISC workstations, at the time                                   
          6            of the Rozmanith [‘341] application were notorious for their sensitivity to                                    
          7            specific programs being executed, with huge performance degredation to                                         
          8            be expected if applications did not fit into the relatively small cache                                        
          9            memories of the day.  Cache memory technology required very fast static                                        
         10            RAM chips that were expensive, in short supply, and very difficult to get                                      
         11            to work robustly.  Similarly, CISC (Intel 80386 computers) usually had no                                      
         12            caches, while the 80486 had a small on-chip cache.  In contrast,                                               
         13            mainframes could afford sizeable amounts of high-speed memory and                                              
         14            cache to speed processing.  Worse, AV applications are, in fact, well-                                         
         15            known to have poor performance for small cache sizes due to the high                                           
         16            amount of data moved through the system in real time, making use of a                                          
         17            microprocessor based RISC or CISC server highly suspect.                                                       
         18                                                                                                                           
         19    1st Koopman Decl. at 5, para. 10 (emphasis added).  See also id. at 6, para. 11 (asserting that the                    
         20    references cited by the examiner "do not demonstrate that utilizing either a RISC or CISC (i.e.,                       
         21    Intel's then-existing 80x86-based processor) would have been      feasible for the instant                             
         22    application") (emphasis added).  In addition, Dr. Koopman's testimony about the individual                             
         23    references is frequently limited to the specific passages cited by the examiner rather than                            
         24    addressing the reference as a whole.                                                                                   




                                                                                                                                     
                       35  The closest the claims come to reciting such AV data is the recitation of "an animation                    
               sequence" in claim 96, which does not specify that it represents feature film video.                                   
                                                            - 23 -                                                                    





Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next 

Last modified: November 3, 2007