Ex Parte Jacobson - Page 14




                 Appeal No. 2006-1332                                                                                 Page 14                     
                 Application No. 09/548,687                                                                                                       



                 person of ordinary skill in the art.'"  In re Bell, 991 F.2d 781, 783, 26 USPQ2d 1529,                                           
                 1531 (Fed. Cir. 1993) (quoting In re Rinehart, 531 F.2d 1048, 1051, 189 USPQ 143,                                                
                 147 (CCPA 1976)).  "After a prima facie case of obviousness has been established, the                                            
                 burden of going forward shifts to the applicant."  In re Piasecki,                                                               
                 745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984).                                                                         


                         As mentioned regarding claims 6, 11, and 19, the appellant admits that Jadav                                             
                 teaches data striping across multiple disk drives.  Furthermore, the appellant has not                                           
                 addressed, let alone shown error in, the examiner's finding that the reference also                                              
                 distributes data access tasks between processors.  For its part, Jadav supports this                                             
                 finding by teaching that a "first processing unit performs an update after determining                                           
                 that the first processing unit controls access to the parity group," (col. 2, ll. 37-39),                                        
                 whereas the "first processing unit transmits the data update to a second processing unit                                         
                 after determining that the first processing unit does not control access to the parity                                           
                 group.  The second processing unit performs an update after receiving the data update                                            
                 from the first processing unit."  (Id. at ll. 32-27.)  Therefore, we affirm the rejection of                                     
                 claim 4 and of claim 22, which falls therewith, over Jiang and Jadav.                                                            












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