Ex Parte LOH et al - Page 4



         Appeal No. 2003-0227                                                       
         Application No. 09/428,871                                                 



         image from a data storage unit.  The claimed system, method or             
         protocol for multi-tier data storage does not require the claimed          
         method or protocol for using a unique file identification value            
         to access a digital image from a data storage unit, and                    
         vice versa.                                                                
              The rejection of the claims directed toward a method or               
         protocol for using a unique file identification value to access a          
         digital image from a data storage unit cannot be affirmed because          
         the examiner has not addressed these claims in his explanation of          
         the rejection.                                                             
              The claims directed toward a system, method or protocol for           
         multi-tier data storage require a second data storage tier which           
         archives digital images from a first data storage tier, and                
         require that if a requested digital image is unavailable on the            
         first data storage tier, a third data storage tier caches the              
         requested digital image from the second data storage tier.                 
              Garfinkle discloses two-tier data storage wherein an image            
         server (16) stores digital images in a commercially available              
         database on a RAID (redundant array of independent (or                     
         inexpensive) disks) disk partition to guard against disk                   

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