Appeal No. 2002-2238
Application No. 09/107,768
Manual of Patent Examining Procedure (MPEP) § 2131, particularly
the subsection entitled “TO ANTICIPATE A CLAIM, THE REFERENCE MUST
TEACH EVERY ELEMENT OF THE CLAIM” (8th Edition, Rev. 1, Feb.
2003).
Claim 24 has, for example, different elements than claim 1,
including:
1) a program, resident in the memory,
2) the program configured to detect a lock-up condition in
the apparatus resulting from a failed attempt to access data with
an external storage device coupled to the bus through a failed
controller, and
3) in response thereto to enable a user to replace the failed
controller with a replacement controller,
4) the program further configured to automatically update the
resource to associate the replacement controller with the
resource, and
5) to automatically rectify the lock-up condition by
automatically resuming the failed attempt to access data with the
external storage device.
These elements have not been addressed in the final rejection
or in the Examiner’s Answer.
Anticipation under 35 U.S.C. Section 102(e) requires that
"each and every element as set forth in the claim is found, either
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