Ex parte HAYTER - Page 11




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


          techniques of Yanai should be applied to a data center                      
          migration.  The mere fact that it was known to migrate data                 
          from one data center to another data center in the prior art                
          does not establish the obviousness of using Yanai’s teachings               
          in that environment.  The only suggestion to apply data                     
          mirroring techniques to a data center migration comes from                  
          appellant’s own disclosure of the invention.  As argued by                  
          appellant, it is improper to use his own disclosure to provide              
          the motivation necessary for modifying the prior art to arrive              
          at the claimed invention.  We can find no suggestion in Yanai               
          and the admitted prior art data migration techniques to apply               
          the techniques of Yanai to these prior art data migration                   
          techniques.                                                                 














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