Ex Parte GUSLER et al - Page 4



           Appeal No. 2003-1517                                                                       
           Application No. 09/389,192                                                                 

           full failure of one component adversely affects operation and                              
           data availability in the system" equates to "executing a sub-                              
           system risk test."  Further, the examiner contends (Answer, page                           
           4) that analyzing the storage system and evaluating how partial                            
           or full failure of a component adversely affects operation of the                          
           system in Skeie is a sub-system risk test.                                                 
                 Appellants argue (Brief, page 7) that Skeie teaches                                  
           evaluating how an existing failure may affect the system, but                              
           does not teach executing a sub-system risk test on a system.                               
           Further, appellants argue that Skeie fails to disclose assessing                           
           a first risk level with the risk category of the output of the                             
           risk test.  Instead, appellants explain that Skeie discloses                               
           detecting and evaluating a storage component that has failed and                           
           determining the degree of failure.                                                         
                 Skeie discloses (column 2, lines 52-58) analyzing the entire                         
           system and evaluating how part or full failure of a single                                 
           component adversely affects operation and data availability on                             
           the system.  The analysis is based on prior failure of a                                   
           component and is done for the entire system.  The analysis is not                          
           performed on individual subsystems nor does it perform a risk                              
           test, as is claimed.  Further, Skeie does not assess a risk level                          
           or rank from the output of the analysis.  Skeie also discloses                             
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