Ex parte GORDON - Page 2


            Appeal No. 1999-0151                                                      
            Application No. 08/579,552                                                



            37.  A storage subsystem comprising:                                      
            a storage controller coupling a central processing                        
            unit to a plurality of data storage units in a redundant                  
            array, at least one of said data storage units having an                  
            access time that is different from at least another of                    
            said storage units, said storage controller operative for                 
            placing primarily accessed data on a fastest one of said                  
            failure independent data storage units.                                   
            67.  A fault tolerant storage subsystem comprising:                       
            a plurality of failure independent data storage units                     
            coupled to a storage controller in a redundant array,                     
            said plurality of failure independent data storage units                  
            comprising at least first and second data storage units                   
            having substantially differing Read and Write cycle                       
            times.                                                                    
                                                                                     
            The references relied upon by the examiner are:                           
            Brant et al. (Brant)         5,274,799        Dec. 28,                    
            1993                                                                      
            (filed Jan. 4,                                                            
            1991)                                                                     
            Brownstein, Subsystem Offers PCs Fault Tolerance,                         
            Infoworld, v. 9, n. 28, p. 21, July 13, 1987.                             
            Claims 15-26 and 28-80 stand rejected under 35                            
            U.S.C.                                                                    
            § 103 as being unpatentable over Brant in view of                         
            Brownstein.                                                               
            The respective positions of the examiner and the                          
            appellant with regard to the propriety of this rejection                  
            are set forth in the examiner’s answer (Paper No. 15) and                 
            the appellant’s brief (Paper No. 14) and reply brief                      
            (Paper No. 16).                                                           
                               Appellant’s Invention                                  
            Appellant’s invention is adequately described at                          

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