Appeal No. 2002-1576
Application No. 09/426,516
not teach or suggest using marks or meta data page to selectively store segmented
data onto a data storage element as a function of the partitioning configuration of a
storage element. (See brief at page 7.)
The examiner maintains that Allen at columns 11-12 teaches the segmenting,
partitioning and generating meta data pages. (See answer at page 4.) The examiner
further maintains that the Volume identification and the Variable Parition Mark have
information bearing signals and that these data elements with a volume of data would
have been the meta data page. (See answer at pages 6-7.) We disagree with the
examiner and do not find that the examiner has established a prima facie case of
anticipation of the claimed invention.
We find no teaching of "the controller generates a meta data page associated
with the virtual tape volume to map the data pages to the respective virtual tape blocks
of the virtual tape volume, wherein the controller uses the meta data page to selectively
store the data pages onto the high and low performance data storage elements." While
the examiner maintains that Allen stores information with each volume and that also
relates to partitions, we do not find that this information would be a meta data page to
map the data pages to the virtual tape blocks of the virtual tape volume. (Specification
at page 9, lines 9-10 and independent claim 11.) Since we find that the examiner has
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