Ex Parte WILCOX - Page 4




          Appeal No. 1999-1594                                                         
          Application No. 08/491,467                                                   


               motivation for this modification in that he provides a                  
               redundant communication path so that communication may                  
               be continue in spite of a hardware failure.  With such                  
               a desire in mind, one of ordinary skill would have                      
               wanted to further improve the Allen system by having a                  
               simple inexpensive way of maintaining communication in                  
               the event that the primary cluster controllers (18b and                 
               18c, for example) fail leaving any particular cluster                   
               without connection to the ring configuration.                           
               Allen discloses redundant peripheral device controllers each            
          connected to a separate peripheral device bus for maintaining                
          communications even if one of the controllers fails.  Graber                 
          (column 2, lines 39-46) teaches splitting of system busses for               
          allowing simultaneous data transfer on each of the split busses.             
               Although the examiner argues that it would have been obvious            
          to include Graber's switches to isolate or connect the 12(n) bus             
          to the 14(n+1) bus, we find no suggestion in either reference for            
          connecting Allen's busses as claimed.  In fact, Allen                        
          specifically provides separate, redundant busses.  Further,                  
          Graber does not relate to a fault tolerance, and, therefore,                 
          cannot provide the motivation or suggestion for modifying the                
          fault-tolerance of Allen's system, as proposed by the examiner.              
          Therefore, the examiner has failed to establish a prima facie                
          case of obviousness, and we cannot sustain the rejection of                  
          claims 1, 7 through 10, 18, 19, and 21 over Allen in view of                 
          Graber.                                                                      



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