Ex parte YOSHIDA - Page 13




          Appeal No. 2000-2091                                                        
          Application 08/441,024                                                      


          on the Examiner’s proposed modification of the data recovery                
          method of Kobayashi, Agrawal and Baker by using the time                    
          stamped files of Genosa to provide the most recent version of               
          a file (answer, page 11).  Appellant argues that Genosa is                  
          concerned with gathering statistics on system performance and               
          contains no teaching or suggestion to overcome the                          
          deficiencies in Kobayashi, Agrawal and Baker (brief, page 13                
          and reply brief, page 6).  In response, the Examiner indicates              
          that Genosa should not be evaluated alone since the rejection               
          is based on the combination of the references (answer, page                 
          15).                                                                        
               Our review of Genosa reveals that the reference teaches                
          using monitoring programs for gathering statistics and                      
          identifying performance problems in computers.  The program of              
          Genosa defines “where the output files will be stored” and                  
          uses the “TIME variable” in order to “create a timestamp of                 
          each record that is appended to the output files” (page 1, ¶                
          3).  We find no teaching or suggestion in Genosa relating to                
          the claimed limitation of data downloading, processing,                     
          storing and transferring at the client side, that would                     
          overcome the deficiencies noted above in Kobayashi, Agrawal                 
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