Ex parte BEALKOWSKI et al. - Page 2

          Appeal No. 95-3648                                                         
          Application 07/777,844                                                     

          memory has a newer version of the firmware, and selecting which            
          of these two memories with the newer version of firmware as an             
          active memory for continued initialization of the whole data               
          processing system.                                                         
               The following reference is relied on by the examiner:                 
          Smith                    5,129,080           July 7, 1992                  
                                                  (filed Oct. 17, 1990)              
               Claims 22 to 27 stand rejected under 35 U.S.C.  103.  As             
          evidence of obviousness, the examiner relies upon Smith alone.             
               We reverse the outstanding rejection of claims 22 to 27               
          under 35 U.S.C.  103.                                                     
               Smith operates in a fault detection and recovery environment          
          by partitioning as much of the overall data processing system’s            
          software as possible into independent self-contained modules or            
          operational units.  Each module is, in fact, two copies of the             
          software code and data space of the operational unit, where one            
          of the copies is called the Primary Address Space (PAS) and a              
          second copy called the Standby Address Space (SAS), the latter of          
          which runs on a separate processor as depicted in Figure 2C of             
          Smith.  When a supervisory availability management function (AMF)          
          detects an error in or related to a PAS, the above-noted SAS               
          becomes functionally, the PAS.  The examiner appears to consider           

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