Ex parte KOBAYASHI et al. - Page 8




          Appeal No. 1998-0066                                                        
          Application 08/258,235                                                      

          a system can generate a memory dump before it shuts down.                   
          The Examiner baldly concludes that the backup processor                     
          providing the signals for the operating processor to                        
          initiate the dump process would have been obvious.  The                     
          Examiner has not made a prima facie case that it would have                 
          been obvious for the backup processor to send a dump                        
          acquisition command instead of the operating processor just                 
          generating a dump as part of its shutdown routine.  Nor is                  
          the Examiner's conclusion (FR3-4) that executing a                          
          disconnection process independently of the completion of a                  
          dump process would have been obvious supported by any                       
          evidence.                                                                   
               Lastly, Krings does not disclose a shared system                       
          resource that is occupied exclusively by the operating data                 
          processor and then is occupied by the backup processor.                     
          Processor P1 does not exclusively occupy memory M2 during                   
          normal operation.  Backup processor P2 does not occupy                      
          memory M1 after take over.  The Examiner does not deal with                 
          the "operating data processor exclusively occupying said                    
          system resource" language.                                                  



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