Ex Parte GUSLER et al - Page 5



           Appeal No. 2003-1517                                                                       
           Application No. 09/389,192                                                                 

           (column 3, lines 13-31, column 7, lines 18-24, and column 6) a                             
           method for preempting failure in an electronic data storage                                
           system.  However, the method for preempting does not involve a                             
           sub-system risk test, but rather involves setting for components                           
           failure threshold values at which the faulty components                                    
           experience events sufficient to degrade the system.  Thus, as                              
           Skeie fails to teach or suggest sub-system risk tests and                                  
           assessing risk levels from the outputs of the tests, Skeie fails                           
           to anticipate the claims.  Consequently, we cannot sustain the                             
           anticipation rejection of claims 1 through 9, 11 through 22, and                           
           24 through 30.                                                                             
                 Regarding the obviousness rejection of claims 10 and 23,                             
           Hill fails to cure the above-noted deficiencies of Skeie.                                  
           Accordingly, we will reverse the rejection of claims 10 and 23.                            










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