Appeal No. 2003-1515
Application No. 09/364,014
availability (col. 2, lines 52-58). In particular, a level of
criticality is assigned once a failure is detected (col. 6, lines
8-10), which maps the causal effect of a failed component with
respect to the system usability (col. 6, lines 40-43).
Therefore, since the analysis is performed in response to a
component failure and based on the failure itself, we agree with
Appellants (reply brief, page 3) that Skeie determines risk
solely based on detecting a failure instead of executing a risk
test. The Examiner’s characterization (answer, page 5) of risk
as the possibility of harm or loss notwithstanding, the
difference is in the process of determining the risk. Skeie
predicts risk based on detecting a failure instead of executing a
risk test which has nothing to do with a component failure.
Skeie further describes the way risk of complete
inoperability, the likelihood of additional failure and reduction
of data availability may be predicted (col. 7, lines 4-10), which
the Examiner characterizes as predicting the risk of the system
failure (answer, page 7). However, we find ourselves in
agreement with Appellants’ argument that neither the failed
component nor any related components of Skeie are subjected to a
test to assess risk (reply brief, page 4). In fact, as correctly
pointed out by Appellants (id.), Skeie uses look-up tables of
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