Appeal No. 2003-1533
Application No. 09/566,910
facilities. First, we note that Kikinis (Figure 2) shows a
partition 43 having "Data." However, as Kikinis does not
disclose what kind of data is stored in partition 43, it is
unclear whether the data of partition 43 qualifies as the claimed
selected data. Perks discloses that critical data to be backed
up includes configuration files and setup files which would apply
to Kikinis' network appliances. Thus, we find that one of
ordinary skill in the art would have combined Kikinis and Perks.
In addition, we do not view the teachings of Kikinis to be
limited to network appliances that have no long-term data
storage. The skilled artisan would have recognized that the need
for automatically restoring proper operation after failure due to
corrupted operating or application software would apply to all
computers, including those with long-term data storage. In fact,
the skilled artisan would have expected such automatic
restoration to be even more necessary in computers such as major
file servers in light of Kikinis' statement (column 1, lines 23-
25) that major file servers have higher failure rates than the
network appliances discussed in the reference. Accordingly,
there would be a need to protect against data loss.
Appellants further argue (Brief, page 8) that the teachings
of Perks are inconsistent with the system taught by Kikinis
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