Ex Parte Colrain et al - Page 4

                Appeal 2007-1476                                                                               
                Application 10/308,866                                                                         

                of a failure of a subsystem, Dias' recovery program anticipates 1) identifying                 
                an active second member to replace the first member and 2) causing the                         
                service to be provided by another member of the composite resource.                            
                      Dias discloses (col. 3, ll. 44-60, and Fig. 1) plural nodes 100-1                        
                through 100-n, each with software subsystems 600-1 through 600-m.  Dias                        
                states (col. 4, ll. 2-5) that a monitor can detect if a subsystem fails.  Failure              
                of a subsystem on one node "triggers recovery actions which are taken for                      
                the other instances of that subsystem and also for subsystem that interact                     
                with or depend on that subsystem" (Dias, col. 3, ll. 60-63).  Dias discloses                   
                (col. 7, ll. 14-25) that an event manager, upon receiving notice of a                          
                subsystem failure that has not yet been recovered, looks to see if a rule exists               
                for the "resource type."  Thus, the subsystems correspond to Appellants'                       
                members, and failure of a subsystem corresponds to the claimed "event of                       
                interest" in independent claims 1 and 32 and to the claimed member failure                     
                in independent claim 18.                                                                       
                      Dias further discloses (col. 7, l. 57-col. 8, l. 5) that a recovery program              
                begins executing commands by determining for each command the node on                          
                which the command is to be executed.  When a command is to be executed                         
                on another node, the recovery driver transmits the command to the specified                    
                node.  Dias discloses (col. 9, l. 66-col. 10, l. 19) that a recovery command                   
                includes five specifications – 1) the set of nodes upon which the command                      
                should execute, 2) the command itself, 3) the expected resulting status for                    
                the command to be executed successfully, 4) an information file used to                        
                expand the recovery node specification, and 5) the maximum number of                           
                times the command will be executed if the first try is not successful.                         


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