Ex parte STYCZINSKI - Page 10




          Appeal No. 1998-1517                                       Page 10           
          Application No. 08/685,269                                                   


          drives of column 26 or column 28 to be a single mirror drive,                
          we note at the outset that in Jacobson, column 26 represents                 
          data drives, and we find no suggestion to consider them mirror               
          drives.  As to the drives in column 28, we note that Jacobson                
          discloses these drives to represent mirror drives, but does                  
          not disclose drives 28 to represent a single mirror drive.                   
          Jacobson does disclose that in practice, disk array 10 would                 
          simply have a plurality of disks 12 with storage space                       
          allocated for mirror or parity redundancy (col. 4, lines 32-                 
          35).  However, Jacobson is silent as to a single predefined                  
          mirror drive for a plurality of data drives.  The fact that                  
          the data will be allocated between mirror and parity                         
          redundancy using a virtual storage space does not suggest a                  
          single predefined mirror drive for a plurality of data drives.               


               In sum, we find that the determinations of obviousness                  
          advanced by the examiner have not been supported by any                      
          evidence that would have led an artisan to arrive at the                     
          claimed invention.  In our view, the only suggestion for                     
          modifying Jacobson in the manner proposed by the examiner to                 
          meet the above-noted limitations stems from hindsight                        







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