Ex Parte EIDE et al - Page 8




          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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