Ex Parte DYCK et al - Page 4




          Appeal No. 2002-0382                                                        
          Application No. 09/133,878                                                  


          alternate way of doing the same thing.  Further, Roth                       
          specifically states (column 5, line 64-column 6, line 2) that the           
          programs have been converted already, and that the format of the            
          data is being changed for use in the converted program.  In                 
          column 8, lines 15-17, Roth states that the data is virtualized             
          and the application program is unaware that the data originally             
          had the old formatting.  Thus, only the format of the data is               
          being changed or remediated, not the instructions.  Furthermore,            
          we find no disclosure of storing the instructions with                      
          remediation parameters.  The programs that have been converted              
          are stored such that data adapter intercepts the I/O calls from             
          those programs and performs a virtual change of data format.   It           
          is unclear to us what the examiner believes to be the table of              
          stored instructions to be remediated with corresponding                     
          remediation parameters.  Accordingly, we cannot sustain the                 
          rejection of claims 1 through 29 over Roth.                                 











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