Ex parte ANDREWS - Page 3




                 Appeal No. 97-4408                                                                                                                     
                 Application No. 08/579,314                                                                                                             

                 group may be used as a reference to update and synchronize                                                                             
                 the reserved areas in data storage units of another logical                                                                            
                 group, based upon said first values of said current and next                                                                           
                 logical groups.                                                                                                                        




                          The examiner relies on the following references:                                                                              
                 Katz              et al.            5,195,100                                    Mar. 16, 1993                                         
                 (Katz)                                       (filed Mar. 2, 1990)                                                                      
                 Williams (EP) 482,853 A2                                       Apr. 29, 1992                                                           
                 (filed Oct. 18, 1991)                                                                                                                  
                          Claims 18 through 39 stand provisionally rejected under                                                                       
                 the judicially created doctrine of obviousness-type double                                                                             
                 patenting as unpatentable over claims 1 through 10 and 18 of                                                                           
                 copending application Serial No. 08/404,941.2                                                                                          
                          Claims 18 through 22, 28 through 33 and 39 stand further                                                                      
                 rejected under 35 U.S.C. § 103 as unpatentable over Katz in                                                                            
                 view of Williams.                                                                                                                      
                          Reference is made to the brief and answer for the                                                                             
                 respective positions of appellant and the examiner.                                                                                    


                          2Since this application has now matured into U.S. Patent                                                                      
                 No.5,590,276, it would appear that the double patenting                                                                                
                 rejection is no longer “provisional,” in nature.                                                                                       


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