Ex Parte Bober et al - Page 2




              Appeal No. 2004-1899                                                                                            
              Application No. 09/608,469                                                                                      
              protocol.  Concurrently with the file transfer, the target file server responds to client                       
              read/write requests for access to the file system.                                                              
                      Claim 1 is illustrative of the invention and reads as follows:                                          
                      1.     A method of migrating a file system from a source file server to a target file                   
                             server in a data network while permitting clients to have concurrent                             
                             read/write access to the file system, said method comprising:                                    
                             the target file server issuing directory read requests and file read requests                    
                      to the source file server in accordance with a network file access protocol to                          
                      transfer the file system from the source file server to the target file server, and                     
                             concurrent with the transfer of the file system from the source file server to                   
                      the target file server, the target file server responding to client read/write requests                 
                      for access to the file system.                                                                          
                      The Examiner relies on the following prior art:                                                         
              Marsland                                     5,923,878                    Jul.  13, 1999                        
              Beeler, Jr. (Beeler)                         5,974,563                    Oct. 26, 1999                         
              Rao                                          6,078,929                    Jun. 20, 2000                         
                      Claims 1, 3, 24, 26-28, 45, and 47-49 stand rejected under 35 U.S.C. § 102(e) as                        
              being anticipated by Beeler.  In rejections under 35 U.S.C. § 103(a), the Examiner                              
              rejects claim 2 as being unpatentable over Beeler in view of Rao, and rejects claims 4,                         
              5, 25, and 46 as being unpatentable over Beeler in view of Marsland.                                            
                      Rather than reiterate the arguments of Appellants and the Examiner, reference is                        
              made to the Briefs1 and Answer for the respective details.                                                      




                      1 The Appeal Brief (Supplemental) was filed October 7, 2003 (Paper No. 14).  In response to the         
              Examiner’s Answer dated December 29, 2003, (Paper No. 15), a Reply Brief was filed February 11, 2004            
              (Paper No. 16), which was acknowledged and entered by the Examiner as indicated in the communication            
              dated May 21, 2004 (Paper No. 18).                                                                              
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