Appeal No. 2003-1533
Application No. 09/566,910
files do not suggest the claimed selected files, which are
application files and user data files. However, the claims
merely require "selected data," not specifically application and
user data files. Therefore, any selected data files such as the
critical files of Perks satisfy the claims. Further, appellants
assert that because the critical files of Perks include operating
system files, the combination of Kikinis and Perks would include
backing up the operating system files. However, the critical
files do not include operating system files but rather include
"application specific configuration and setup files, and user
data files" (see column 4, lines 3-4). Therefore, the
combination would include backing up operating system files.
Appellants argue (Reply Brief, page 3) that in the present
invention, "restoring of the selected data using the backed up
selected data files will have minimal effect on the operating
system performance," but "the same cannot be achieved by
combining the teachings of Kikinis and Perks." We do not see why
as the critical files are backed up separately from the operating
system in the combination. Additionally, appellants assert that
"restoring the system using the modified critical files will not
restore the system to the state that existed just prior to the
crash." However, nothing in the claim requires such. As we have
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