Ex Parte EIDE et al - Page 13




          Appeal No. 2002-2238                                                          
          Application No. 09/107,768                                                    
          supplying the factual basis for its rejection. It may not . . .               
          resort to speculation, unfounded assumptions or hindsight                     
          reconstruction to supply deficiencies” in the cited references.)              
               Finally, we also observe that claim 17 recites numerous                  
          elements, including:                                                          
               (1) detecting a lock-up condition in the computer resulting              
          from a failed attempt to access data with the external storage                
          device;                                                                       
               (2) in response to detection of the lock-up condition,                   
          enabling a user to replace the failed controller with a                       
          replacement controller;                                                       
               (3) after replacement of the failed controller with a                    
          replacement controller, automatically updating the resource to                
          associate the replacement controller with the resource; and                   
               (4) after updating the resource, recovering from the lock-up             
          condition by automatically resuming the failed attempt to access              
          data with the external storage device.                                        
               As correctly pointed out by the appellants, nowhere has the              
          examiner pointed to the description of these claimed elements, or             
          their teaching or suggestion, in the cited art.                               
               Accordingly, for the reasons above, we reverse this                      
          rejection.                                                                    


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