Ex parte KOBAYASHI et al. - Page 9




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

               For the reasons stated above, we conclude that the                     
          Examiner has failed to establish a prima facie case of                      
          obviousness.  The rejection of claims 1-12 is reversed.                     

          Claims 13-21                                                                
               System claims 13-21 include essentially the same                       
          limitations as claims 1-12 except stated in means-plus-                     
          function format and with slightly different wording.  We                    
          find that Krings does not disclose the following limitations                
          of claim 13:  (1) "means . . . for sending to said operating                
          processor a command for releasing said system resource and                  
          for dumping data" upon detecting a failure in the operating                 
          processor; (2) "means for transmitting a disconnection                      
          complete notice to said backup processor"; (3) "means . . .                 
          for dumping data"; (4) "means for releasing said system                     
          resource independently of completion of dumping of data";                   
          and (5) the "operating data processor exclusively occupies                  
          said system resource during a normal operation of said                      
          operating processor" and "said backup processor having means                
          . . . for exclusively occupying said system resource."                      
               For the reasons stated in connection with claim 1, we                  
          conclude that the Examiner has failed to provide sufficient                 
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