Ex Parte LeRose - Page 7

                 Appeal 2007-1289                                                                                     
                 Application 10/425,899                                                                               
                 distinguish over the teachings and suggestions of Mooney and Sabet                                   
                 together.  The disclosed invention plainly utilizes well-known prior art flash                       
                 memory devices as does Sabet, for example.  Appellant’s attempts in the                              
                 Reply Brief to essentially belittle Sabet’s teachings by arguing that the                            
                 controller and processing functions of Appellant’s claimed flash drive are                           
                 more simpler and less complicated then those of the disclosed invention are                          
                 misplaced since these features are not reflective in the claims on appeal.                           
                 Moreover, the Reply Brief does not appear to directly challenge the                                  
                 Examiner’s view that the claimed “memory device” comprises the portable                              
                 device 15 with its flash memory 13 placed in it.                                                     
                        Moreover, Appellant’s remarks in the Reply Brief do not contest the                           
                 Examiner’s reference to the Koh patent as being representative of a USB                              
                 port connectable flash drive per se.  Of particular note here from our review                        
                 of this reference, figures 1, 4, 5, 11, and 12 of Koh contains significant                           
                 corresponding teachings to those in Sabet.  In fact figure 4 of Koh presents a                       
                 depiction of a conventional USB port compatible flash memory drive well-                             
                 known in the art.  Figures 1 and 5 of this reference have block diagram                              
                 representations of the internal controller/microprocessor with internal                              
                 programming memory and storage capabilities compatible with those shown                              
                 in figure 3B of Sabet.  Although, not relied upon by the Examiner as basis to                        
                 formulate the rejection of the claims on appeal, we note in passing that Koh                         
                 appears to us to be directly pertinent to the claimed and disclosed subject                          
                 matter.                                                                                              
                        In addition to the Examiner’s remarks with respect to the argued                              
                 dependent claims, we note that the features recited in dependent claim 4 on                          
                 appeal relate to Appellant’s reliance upon prior art Blowfish compression                            

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