Ex Parte BRUNING et al - Page 8



                      Appeal No. 2004-1190                                                                                                                
                      Application No. 09/286,160                                                                                                          


                               The examiner has rejected claims 3 and 17 over Massiglia in view of                                                        
                      Khosrowpour and Griffith, and claim 10 over Massiglia, Khosrowpour, Bergsten                                                        
                      and Pinson.  The examiner has not asserted, nor do we find, that Griffith,                                                          
                      Bergsten or Pinson teach or suggest the claimed front-end controller which                                                          
                      performs both striping and generating a mirror, and which is connected to more                                                      
                      then one back-end controller.  Accordingly, we will not sustain the rejection of                                                    
                      claims 3, 10 and 17 for the reasons stated above.                                                                                   
                               In view of the forgoing, we will not sustain the examiner’s rejection of                                                   
                      claims 1 through 8 and 10 through 20 under 35 U.S.C. § 103.  The decision of                                                        
                      the examiner is reversed.                                                                                                           
                                                                          Reversed                                                                        



                                        JOSEPH F. RUGGIERO                                     )                                                          
                                        Administrative Patent Judge                            )                                                          
                                                                                               )                                                          
                                                                                               )                                                          
                                                                                               )   BOARD OF PATENT                                        
                                        ALLEN R. MACDONALD                                     )     APPEALS AND                                          
                                        Administrative Patent Judge                            )    INTERFERENCES                                         
                                                                                               )                                                          
                                                                                               )                                                          
                                                                                               )                                                          
                                        ROBERT E. NAPPI                                        )                                                          
                                        Administrative Patent Judge                            )                                                          


                      RN/RWK                                                                                                                              



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