Ex Parte Lee et al - Page 11


          Appeal No. 2005-2284                                                        
          Application No. 09/748,589                                                  
          6, lines 61-64, of Leedy, indicating that the ECC circuitry is              
          among components that are conventionally part of a memory device.           
          It is appellants’ position that the artisan “would no sooner move           
          the ECC circuitry from the memory device to the data storage system         
          as he would move the address decoders or listed components to the           
          data storage system” (brief-page 9).                                        

               Claim 135 calls for a “data storage system” and “a memory              
          device” which are coupled to the data storage system (we note, as           
          did the examiner, that appellants do not appear to argue the                
          “releasably” coupled aspect of the claimed invention).  The claim           
          further indicates that the data storage system comprises error              
          checking and correcting (ECC) functionality.                                

               Even though the claim has two separately labeled elements,             
          “data storage system” and “memory device,” it is true, as the               
          examiner indicates at page 9 of the answer, that a “data storage            
          system necessarily includes storage” and a memory device is part of         
          a data storage system.  Therefore, as the examiner states, ECC              
          circuitry in the memory device is also in the data storage system.          
          Since Leedy teaches ECC circuitry in a memory device, then it,              
          broadly, also teaches the use of ECC circuitry in a “data storage           
          system,” as claimed.                                                        

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