Ex parte CHEN et al. - Page 8




          Appeal No. 1998-2579                                                        
          Application 08/350,195                                                      


          the term rate staggering as used in the appealed claims must                
          be interpreted in a manner which is consistent with the                     
          disclosed invention.  Rate staggering as used in the                        
          specification refers to the ordering of blocks of data in a                 
          disk storage array using calculations to minimize the amount                
          of buffer storage required by the server [specification, pages              
          3-5 and page 8].  Note that claims 1, 4 and 7 all recite that               
          the rate staggering minimizes the buffer space required by the              
          server or optimizes system bandwidth.  We agree with                        
          appellants that Birk has nothing to do with rate staggering to              
          optimize system bandwidth as disclosed and claimed in this                  
          application.                                                                
















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