Ex Parte Hannum et al - Page 9

                Appeal 2006-3434                                                                                 
                Application 10/687,907                                                                           
                regions of memory during a computer software optimization.  One of                               
                ordinary skill in the art, at the time of the invention, would have readily                      
                recognized that Geva’s suggested approach for invalidating a particular                          
                region in memory would optimize Miller’s invalidation operation by pre-                          
                screening the status bits in the ACAM at initialization.  Similarly, we find                     
                that the ordinary skilled artisan would have readily recognized that Hale’s                      
                teaching of securing the invalidating a portion of a cache following a write                     
                back invalidate instruction during initialization would enhance the security                     
                of Miller’s invalidation operation.  Consequently, unauthorized codes such                       
                as viruses would not be able to interfere with Miller’s invalidation operation                   
                during the initialization process.  After considering the entire record before                   
                us, we find that the Examiner did not err in rejecting claims 3, 6, 9, 13, and                   
                16 over Miller in combination with Geva or Hale.                                                 
                                              CONCLUSION OF LAW                                                  
                       On the record before us, Miller anticipates the claimed invention                         
                under 35 U.S.C. § 102 (b) when Miller discloses Miller discloses initializing                    
                all valid status bits to an invalid state.  Further, one of ordinary skill in the                
                art at the time of the present invention, would have found sufficient                            
                motivation under 35 U.S.C. § 103 to combine Geva or Hale with Miller by                          
                incorporating a most recent advanced load instruction for a check instruction                    
                or a specific machine for executing writing instructions in an architecture for                  
                implementing invalid data.                                                                       
                                                  DECISION                                                       
                       We affirmed the Examiner’s decision to reject claims 1-3, 6-13 and                        
                16-18 under obviousness double patenting. We have also affirmed the                              
                Examiner’s decision to reject claims 1, 2, 7, 8, 10 through 12 and 17 through                    

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