Ex Parte LOH et al - Page 6



         Appeal No. 2003-0227                                                       
         Application No. 09/428,871                                                 
         appellants’ claims directed toward multi-tier data storage,                





         however, do not merely require a third data storage unit as a              
         caching unit but, rather, require that if requested data is                
         unavailable on a first data storage unit, the third data storage           
         unit caches the data from a second data storage unit which                 
         archives data from the first data storage unit.  The examiner              
         does not explain how Garfinkle and Craig would have led one of             
         ordinary skill in the art to this system.                                  
              The examiner points out that Garfinkle removes the digital            
         images from the image server after a fixed period of time to free          
         up disk space for other images, and that Garfinkle prefers                 
         multiple RAID partitions so that the image server can process new          
         rolls of film when one partition is unavailable due to service or          
         backup procedures (col. 5, lines 40-52) (answer, pages 6-7).  The          
         examiner concludes from these and the above-discussed disclosures          
         that “[i]t would have been obvious to the skilled artisan to               
         provide the claimed third data storage unit to ‘cache’ the images          
         requested from the second storage unit so that if the customer             

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