Ex Parte GRIMSRUD et al - Page 3




         Appeal No. 2001-0462                                                      
         Application 08/885,325                                                    


                                      OPINION                                      
              Generally for the reasons set forth by the examiner in the           
         answer, as amplified here, we sustain the rejection of all claims         
         on appeal under 35 U.S.C. § 103.  Since appellants have indicated         
         at the bottom of page 5 of the brief that all claims on appeal            
         fall together, and because appellants' arguments beginning at             
         page 6 of the brief consider independent claims 1, 20 and 34 in a         
         corresponding equivalent manner, we take as a representative              
         claim for our consideration independent claim 20.  Even among             
         these claims there are no arguments directed as to any specific           
         feature but only to the general features common to each of them.          
         Therefore, since there are also no arguments presented as to any          
         dependent claim, they all fall with our consideration of                  
         representative claim 20 on appeal.                                        
              The examiner appears to rely upon McGillis to provide a              
         structural environment in which the system of Akyürek may be              
         implemented.  The entire disk storage subsystem 12 of Figure 1 of         
         McGillis provides an environment in which to implement the                
         adaptive block rearrangement system for disks in Akyürek.  It is          
         noted that page 96 of that reference details prior art computer           
         systems comparable to McGillis and known to Akyürek such as those         
         specifically listed at the top of page 97 of that reference.              

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