Ex parte CROWLEY et al. - Page 13




          Appeal No. 1999-2216                                                        
          Application 08/805,399                                                      

          Appellants have not argued otherwise.  The Examiner's                       
          description of Shinjo's flag as "preventing the main                        
          device's data from being used" (FR3) would have been more                   
          complete if he added "for initial program load," but is not                 
          viewed as error.                                                            
               Appellants argue (Br6):  "Because Shinjo teaches that                  
          in initial program load can be performed when the backup                    
          flag is set, the backup flag in Shinjo does not teach or                    
          suggest the indicator recited in Claim 1."                                  
               The Examiner responds that "the fact that Shinjo's                     
          system can perform IPL when its indicator is set does not                   
          preclude the use of an indicator to prevent a memory                        
          device's use, as suggested by Yanai" (EA17).                                
               We do not understand Appellant's argument or the                       
          Examiner's response.  When the backup flag 15 is set in                     
          Shinjo, no IPL is performed using the main memory 12;                       
          instead, the data from the backup memory 13 is copied to the                
          main memory 12 (step S6).  Thus, setting the flag does                      


          the location of the data."  IBM Dictionary of Computing                     
          (10th ed., McGraw-Hill, Inc. 1993).  Although DASDs are                     
          usually thought of as hard disks and the like, the memory in                
          Shinjo meets the general definition of a DASD.                              
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