Ex parte CROWLEY et al. - Page 12




          Appeal No. 1999-2216                                                        
          Application 08/805,399                                                      

               memory will not be available (or used), via the data in                
               the backup device will have to be copied to the main                   
               memory for subsequent use by the computer system.                      
               (Abstract and column 1 lines 31-64 and column 2 lines                  
               25-68 and column 3 line 7 to column 4 line 57).                        
                    . . .                                                             
                    As per the use of indicators, as described                        
               previously, Shinjo shows the use of indicators which                   
               reflect when the system is to perform the copying                      
               functions from the backup devices to the main device,                  
               thus in a sense, preventing the main device's data from                
               being used.                                                            
               Appellants argue (Br5): "[T]he indicator as recited in                 
          Claim 1 is utilized to prevent the local loadsource DASD                    
          from performing an initial program load instead of                          
          'preventing the main device's data from being used' as                      
          asserted by the Examiner on page 3, first [sic, second]                     
          paragraph of the Final Office Action.  Hence, the Examiner                  
          has improperly modified the language of Claim 1 to make the                 
          rejection."                                                                 
               The Examiner responds that Shinjo shows a flag for                     
          preventing use of a specific device (EA16).                                 
               Setting the flag in Shinjo prevents the main memory                    
          (corresponding to a local DASD ) from being used for IPL and3                                             

            A "direct access storage device (DASD)" is defined as3                                                                      
          "[a] device in which access time is effectively independent of              
                                       - 12 -                                         





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