Appeal No. 1997-2242 Page 19
Application No. 08/084,370
array, Jones and Ewert therefore do not suggest a method of
restoring the fully folded array to a fully redundant
condition as required by claim 3.
“Obviousness may not be established using hindsight or in
view of the teachings or suggestions of the inventor.” Para-
Ordnance Mfg. v. SGS Importers Int’l, 73 F.3d 1085, 1087,
37 USPQ2d 1237, 1239 (Fed. Cir. 1995)(citing W.L. Gore &
Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540, 1551, 1553, 220
USPQ 303, 311, 312-13 (Fed. Cir. 1983)).
As Jones and Ewert do not address replacing parity
information with data recovered from a failed disk to yield a
non-redundant (i.e., fully folded or RAID level-0) array, and
therefore do not address restoring the fully folded array to a
fully redundant condition, we are not persuaded that teachings
from the applied prior art would have suggested the claimed
limitations. In Jones, if the parity disk failed, the
remaining active disks would constitute a fully folded array
since the system of Jones would have no remaining parity until
a
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