Ex parte DAVY - Page 7




          Appeal No. 1997-3580                                                        
          Application 08/400,002                                                      


          of this appeal.  Specifically, appellant argues that the                    
          desired result of the system disclosed by Walls is to have two              
          copies of a file as a safeguard.  Performing the deallocation               
          step of Sathi in the system of Walls would result in the                    
          elimination of one of the files in Walls which would defeat                 
          the very purpose of the Walls backup.  The examiner responds                
          that “a backup system ‘by definition’ is not limited to merely              
          copying a file from a first local location to a second backup               
          location (i.e.; wherein both                                                




          copies must continue to exist, as asserted by Appellant), but               
          also allows for subsequently deleting the original local copy               
          of the file in those instances when local memory is becoming                
          full (i.e.; ‘archiving’ systems are a type of ‘backup’ system               
          wherein both copies of a file do not necessarily continue to                
          exist, based upon memory space restrictions” [answer, page 5].              
          The examiner also notes that “Appellant’s assertion that a                  
          backup-type system must necessarily maintain both copies of a               
          copied file is in error” [id., page 6].                                     
          We do not understand the examiner’s supposed                                
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