Ex parte HAYTER - Page 9




          Appeal No. 1999-2263                                                        
          Application 08/581,721                                                      


          suggestion to apply the teachings of Yanai to a controlled                  
          data center migration comes from appellant’s own disclosure.                
          Third, appellant argues that the successful results of his                  
          Beta Test are evidence of improved/unexpected results which is              
          evidence of nonobviousness [brief, pages 11-21].                            




























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