Ex Parte Hensbergen et al - Page 4



                 Appeal 2007-1978                                                                                       
                 Application 10/185,702                                                                                 


                 D.  Claims 8 through 10, 18 through 20, 28 through 30, and 38 through 40                               
                 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over the                                 
                 combination of Matsunami and Wu.                                                                       
                        First, Appellants contend2 that Matsunami does not anticipate the                               
                 invention as recited claims 1, 4, 11, 14, 21, 24, 31, and 34.  Particularly,                           
                 Appellants contend that Matsunami teaches neither reading and accessing a                              
                 piece of data in memory through one read request when the data is stored in                            
                 contiguous memory sectors nor reading and accessing the data in multiple                               
                 read requests when the data is stored in non-contiguous sectors.  (App. Br. 4-                         
                 6.)  In response, the Examiner contends that Matsunami’s disclosure of a                               
                 command description block (CDB) including command bytes to access a                                    
                 disk array, a transfer start logic address (LEA) and a transfer length (LEN),                          
                 teaches the claim limitation.  (Answer 10-11.)                                                         
                        Second, Appellants contend that the combination of Matsunami, Cesar                             
                 and Bennett does not render dependent claims  6, 7, 16, 17, 26, 27, 36, and                            
                 37 unpatentable under 35 U.S.C. § 103.  Particularly, Appellants argue that                            
                 the cited combination does not teach storing a read request in an indexed                              
                 table when the request is transmitted, as recited in the cited claims.  (App.                          
                 Br. 7 and 8.)  In response, the Examiner contends that Bennett’s disclosure                            
                                                                                                                       
                 2  This decision considers only those arguments that Appellants submitted in                           
                 the Appeal Brief.  Arguments that Appellants could have made but chose not                             
                 to make in the Brief are deemed to have been waived.  See 37 C.F.R.                                    
                 § 41.37(c)(1) (vii)(eff. Sept. 13, 2004).  See also In re Watts, 354 F.3d 1362,                        
                 1368 (Fed. Cir. 2004).                                                                                 
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