Ex Parte TANAKA - Page 1




            The opinion in support of the decision being entered today was not        
            written for publication and is not binding precedent of the Board.        

                                                            Paper No. 33              


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                               Ex parte RYUTA TANAKA                                  
                                    _____________                                     
                                Appeal No. 2002-2100                                  
                             Application No. 09/042,334                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before RUGGIERO, DIXON, and GROSS, Administrative Patent Judges.            
          RUGGIERO, Administrative Patent Judge.                                      

                                 DECISION ON APPEAL                                   
               This is a decision on the appeal from the final rejection of           
          claims 1, 2, 6, 8, 10, and 11.  Claims 3-5, 7, 9, and 12 have               
          been indicated by the Examiner to be allowable subject to being             
          rewritten in independent form.  An amendment filed June 14, 2001            
          after final rejection was approved for entry by the Examiner.               
               The claimed invention relates to a system and method for               
          storing data in which a processor controls an access schedule for           
          storing redundant data on a redundant data disk.  According to              






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