Ex parte BEALKOWSKI et al. - Page 4




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


          the SAS would have taken over the operation from a failed PAS.             
          As we see it, the reasoning of the examiner would have effec-              
          tively operated against the fault tolerant, fault detection and            
          recovery operations as a primary aim of the disclosed invention            
          in Smith.  Moreover, Smith’s basic teaching is that each module            
          is, in fact, two identical copies of the same code distributed             
          between separate processors for each operational unit.  As such,           
          we view the artisans’ perspective of the teachings of Smith as             
          Smith not suggesting a check for a newer version of the firmware           
          between the PAS and the SAS.                                               
               In view of the foregoing, the decision of the examiner                
          rejecting independent claims 22 and 25 under 35 U.S.C.  103 is            
          reversed.  As such, the rejection of the respective dependent              
          claims must also be reversed.  Accordingly, the decision of the            
          examiner is reversed.                                                      
                                      REVERSED                                       


                    JAMES D. THOMAS             )                                    
               Administrative Patent Judge )                                         
                    )                                                                
                                                  )                                  
                         MICHAEL R. FLEMING          ) BOARD OF PATENT               
                         Administrative Patent Judge )   APPEALS AND                 
                                                  )  INTERFERENCES                   
                                                  )                                  
                    RICHARD TORCZON          )                                       
                         Administrative Patent Judge )                               
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