Ex Parte Bolik et al - Page 6

               Appeal 2007-0643                                                                            
               Application 10/015,825                                                                      

               managed file system where a previous scanning is left off, and continued                    
               accordingly.  We disagree.  Cabrera describes storing information in a                      
               journal file 94 (Fig. 4) to allow a hierarchical storage manager to resume                  
               operations at the point of any interruption.  Col. 13, l. 62 - col. 14, l. 4.               
                      We have considered Appellants’ arguments in support of                               
               representative claims 1, 3, and 4.  As we are not persuaded that any claim                  
               has been rejected in error, we sustain the § 102(e) rejection of claims 1 and               
               3-20.                                                                                       

                                             CONCLUSION                                                    
                      The rejection of claims 1 and 3-20 under 35 U.S.C. § 102(e) as being                 
               anticipated by Cabrera is affirmed.                                                         
                      No time period for taking any subsequent action in connection with                   
               this appeal may be extended under 37 C.F.R. § 1.136(a).                                     

                                               AFFIRMED                                                    


               rwk                                                                                         


               KUNZLER & ASSOCIATES                                                                        
               8 EAST BROADWAY                                                                             
               SUITE 600                                                                                   
               SALT LAKE CITY UT 84111                                                                     




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