Ex parte GORDON - Page 1




            The opinion in support of the decision being entered                      
            today  was not written for publication and is not binding                 
            precedent of the Board.          Paper                                    
                                        No.21                                         
                     UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                              Ex parte DAVID W. GORDON                                
                                    _____________                                     
                                Appeal No. 1999-0151                                  
                             Application No. 08/579,552                               
                                    _____________                                     
                                      ON BRIEF                                        
                                    _____________                                     
            Before URYNOWICZ, JERRY SMITH, and BARRETT,                               
            Administrative Patent Judges.                                             
                                                                                      
            URYNOWICZ, Administrative Patent Judge.                                   


                                 Decision on Appeal                                   
            This appeal is from the final rejection of claims                         
            15-26 and 28-80, all of the claims pending in the                         
            application.                                                              
            The invention pertains to a fault-tolerant storage                        
            device. Claims 15, 37 and 67 are illustrative and read as                 
            follows:                                                                  
            15. A fault tolerant storage subsystem comprising:                        
                                                                                     
            a first tier of failure independent data storage                          
            units coupled to a storage controller; and                                
                                                                                     
            a second tier of at least one failure independent                         
            data storage units coupled to at least one of said                        
            failure independent data storage units in said first tier                 
            for providing further fault tolerance thereto.                            





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