Ex Parte Maffezzoni - Page 4



          Appeal No. 2003-1533                                                        
          Application No. 09/566,910                                                  

               Kikinis' invention is directed to an automatic recovery                
          system in the event of a failure from corrupted operating or                
          application software, to reduce the time that the computer is               
          nonfunctional (see column 1, lines 37-44).  Kikinis discloses               
          (column 3, lines 7-16) that hard disk 41 has two partitions, a              
          first partition which retains the operating software and the                
          application software, and a second partition which retains a copy           
          of the operating software and the application software.  Kikinis            
          teaches (column 3, lines 26-30) rebooting the CPU using the                 
          duplicate operating software and, if successful, re-installing              
          the application software.                                                   
               Kikinis fails to disclose "copying selected data from the              
          hard drive to a storage resource connected to the Internet" and             
          "if the selected data copied from the hard drive needs to be                
          restored back to the hard drive, accessing the storage resource             
          to which the selected data was copied and restoring the selected            
          data back to the hard drive."  The examiner applies Perks to                
          remedy this deficiency.  Specifically, Perks teaches backing up             
          critical files (i.e., configuration files, setup files, and user            
          data files) which are difficult to recover after an event such as           
          a system crash, to make them easier to recover.                             

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