Appeal No. 2003-1533
Application No. 09/566,910
because Kikinis' objective is to restore operation without human
intervention whereas Perks system requires human intervention to
reinstall the application programs. However, Perks states
(column 1, lines 23-26) that application files "do not
necessarily have to be saved" (emphasis ours). In other words,
Perks does not teach that the application files cannot be backed
up, just that the preferred embodiment does not back up such
application files. Further, Perks' teaching that critical files
such as configuration files, setup files, and user data files
need to be backed up because they are difficult to recover after
a system crash or hard disk failure applies whether or not the
application files are also backed up. Therefore, we do not find
the teachings Perks to be "wholly inconsistent with" the system
of Kikinis.
Appellants argue (Reply Brief, page 1) that Kikinis does not
teach that the operating software stored in the second partition
must be an exact duplicate of the primary operating software.
However, Kikinis does disclose that an identical copy is
preferable. Therefore, Kikinis does direct the skilled artisan
to store an identical copy in the second partition.
Appellants contend (Reply Brief, page 2) that the critical
files of Perks, which include configuration, setup, and user data
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007