Appeal No. 2003-1533
Application No. 09/566,910
Appellant argues (Brief, page 6) that Perks fails to teach
using a storage resource connected to the Internet for storing
the selected data. However, Perks discloses (column 3, lines 52-
54) backing up data to a diskette, CD-ROM, an alternate hard
drive, or "a network file stored on a server." Perks also
teaches (column 5, lines 45-52) that instructions may be stored
on a floppy disk, CD-ROM, or "in the memory of another computer
and transmitted over a local area network or a wide area network,
such as the Internet." Thus, if the network file stored on a
server is not a storage resource connected to the Internet,
disclosure regarding where instructions may be stored suggests
the equivalence of the diskette, the CD-ROM, and a resource
connected to the Internet. Accordingly, if not explicitly taught
by Perks, the storage resource connected to the Internet would
have been obvious in view of the equivalence of various storage
facilities suggested by Perks.
Appellants contend (Brief, page 7) that “one having ordinary
skill in the art would not have combined the Kikinis and Perks
references in the manner proposed by the Examiner.” More
specifically, appellants assert (Brief, page 8) that Kikinis
would not require protection against data loss since the network
appliances discussed in Kikinis do not have long-term storage
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