Appeal No. 1999-0151
Application No. 08/579,552
pages 2-4 of the brief.
Grouping of Claims
Appellant provides the following grouping of claims:
Group I, whose independent claims are primarily
limited
to providing further fault tolerance to a fault tolerant
storage array, comprising claims 15-36 [sic: 15-26 and
28-36],
Group II, whose independent claims are primarily
limited to providing different access times, comprising
claims 37-47 and 59-73, and
Group III, whose independent claim is primarily
limited to different access times and to the manipulation
of most frequently accessed data blocks and redundancy
blocks, comprising claims 48-58 and 74-80.
Opinion
After consideration of the positions and arguments
presented by both the examiner and the appellant, we have
concluded that the rejection should not be sustained.
Obviousness cannot be established by combining the
teachings of the prior art to produce the claimed
invention, absent some teaching or suggestion supporting
the combination. Under section 103, teachings of
references can be combined only if there is some
suggestion or incentive to do so. In re Fritch, 972 F.2d
1260, 1266, 23 USPQ2d 1780, 1783, 1784 (Fed. Cir. 1992).
We agree with appellant’s argument to the effect
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