Ex parte CROWLEY et al. - Page 17




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

          of resetting the flag (indicator) after the copying step                    
          such that the main memory 12 (the local loadsource DASD) can                
          be utilized for IPL.  The flag remains set until the backup                 
          data is lost (e.g., when the power is turned off, col. 4,                   
          lines 37-43) or changed (when a maintenance mode is                         
          performed, step S3).  Furthermore, there is no step of                      
          performing an IPL after copying the contents from backup                    
          memory 13 to main memory 12.  There is no need for an IPL                   
          because the state immediately after the system is booted                    
          (i.e., after an initial IPL) is restored by the copy                        
          process.  If Shinjo were modified so as to reset the flag                   
          after copying and to perform an IPL using main memory 12,                   
          this would destroy the purpose of Shinjo which is to avoid                  
          performing an IPL.  Thus, there are major changes and                       
          inconsistencies to be resolved in modifying Shinjo into the                 
          claimed method.  We have reviewed in detail the Examiner's                  
          rationale regarding Yanai '347 and Yanai '792, but do not                   
          find any appreciation of these differences or any answers                   
          thereto.  Accordingly, we conclude that the Examiner has                    
          failed to establish a prima facie case of obviousness.  The                 
          rejections of claims 1-11 are reversed.                                     

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