Appeal No. 2003-0302
Application No. 09/107,539
render the Appellant’s [sic, Appellants’] claims obvious” because
“each independent claim (1, 21 and 31) recites that: (1) a host
transmits a command to the intelligent controller to initiate the
transfer of data from a first storage unit to a second storage
unit, and (2) the intelligent controller then transfers the data
as commanded by the host while bypassing the host.”
In view of the clearly stated advantage noted by Yanai
(column 2, lines 22 through 45) for bypassing a host when
transferring data from one storage system to another, we disagree
with the appellants’ argument that the examiner has not provided
sufficient motivation to justify the modification of the Chin
system with the teachings of Yanai. On the other hand, we agree
with the appellants’ argument that the modified teachings of Chin
do not render the claims obvious because the bypassed host in
Chin cannot issue “a command” to transfer data between the first
and second storage units. If the host is bypassed for one
purpose, then it is bypassed for all other purposes. To state
otherwise, would invite impermissible hindsight into the
obviousness determination. We respectfully decline to use the
appellants’ disclosed and claimed teachings against them.
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