Ex parte ANDREWS - Page 4




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

                                                                     OPINION                                                                            
                          Turning first to the rejection of claims 18 through 39                                                                        
                 under the obviousness-type double patenting doctrine, we will                                                                          
                 summarily sustain this rejection since no substantive                                                                                  
                 arguments thereagainst are offered by appellant.3                                                                                      
                          We now turn to the rejection of claims 18 through 22, 28                                                                      
                 through 33 and 39 under 35 U.S.C. § 103.                                                                                               
                          We will sustain the rejection under 35 U.S.C. § 103.                                                                          
                          Katz discloses a redundant storage array that stores                                                                          
                 update data in order to determine the point at which an                                                                                
                 interrupt occurred.  However, as recognized by the examiner,                                                                           
                 Katz does not disclose an update table for each reserved area.                                                                         
                 Instead, Katz employs a single non-volatile memory 413 which                                                                           
                 stores a time stamp used for recovery of data after power                                                                              
                 restoration.  In our view, it would have been equally obvious                                                                          
                 to store such update information (and the time stamp                                                                                   
                 information of Katz would clearly constitute “update”                                                                                  
                 information) in either a single, common non-volatile memory,                                                                           


                          3The rejection can be obviated by the filing of a proper                                                                      
                 terminal disclaimer which appellant has offered to file upon                                                                           
                 allowance of the application [see page 10 of Paper No. 8,                                                                              
                 filed January 14, 1997].                                                                                                               
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