Appeal No. 1999-0005
Application 08/188,001
Claim 1 recites "allocating a peripheral data storage
device (PDSD) when a collection of data volumes, defining a
multi-volume data set, is requested" (emphasis added) and
"assigning weighted scores to said PDSDs based on their
physical proximity to data volumes of said collection of
data volumes" (emphasis added), which expressly require the
multi-volume data set to comprise a collection of data
volumes (plural) for a single data set. Claims 7 and 13
have similar limitations. The Examiner errs in concluding
that volumes of a multi-volume set are not claimed.
We conclude that the Examiner's rejection must fail
because it is based on an erroneous claim interpretation.
Specifically, as discussed above, the Examiner errs in
interpreting the claimed "collection of data volumes,
defining a multi-volume data set" to read on the multiple
copies of a single volume data set taught in Gniewek.
Gniewek is directed to selecting the one, single copy from a
multiplicity of data copies that can be retrieved in the
shortest response time (abstract; col. 10, lines 45-47: "It
is the purpose of the logic function module 90 to select the
cartridge from which the data will be retrieved in the
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