Ex Parte EIDE et al - Page 4




          Appeal No. 2002-2238                                                          
          Application No. 09/107,768                                                    
          controller, the program further configured to automatically update            
          the resource to associate the replacement controller with the                 
          resource, and to automatically rectify the lock-up condition by               
          automatically resuming the failed attempt to access data with the             
          external storage device.                                                      
                                      The Reference                                     
               In rejecting the claims under 35 U.S.C. §102(e) and 35 U.S.C.            
          §103(a), the examiner relies upon the following reference:                    
          Mahalingam               6,148,355           Nov. 14, 2000                   
                                     The Rejections                                     
               Claims 1, 2, 4-6, 8-12, 14-16, and 24-27 stand rejected under            
          35 U.S.C. §102(e) as being anticipated by Mahalingam.                         
               Claims 3, 7, 13, 17-23 and 28-30 stand rejected under 35                 
          U.S.C. §103(a) as being unpatentable over Mahalingam.                         
                                      The Invention                                     
               The invention relates to concurrent maintenance of computers.            
          (Specification, page 1, lines 20-22).  More specifically, the                 
          invention is said to provide a method of replacing a failed                   
          essential hardware device needed during a concurrent maintenance              
          operation.  (Id., page 6, lines 2-8).  Further details of the                 
          claimed invention are recited in claim 1 above.                               
               The Rejection of Claims 1, 2, 4-6, 8-12, 14-16, and 24-27                
                                 Under 35 U.S.C. §102(b)                                
               The examiner has found that Mahalingam describes a                       
          configuration management method for hot adding and replacing that             
          incorporates removing power from a failed hardware device in                  

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