Appeal No. 2004-1465
Application No. 09/316,752
Representative claim 1 is reproduced as follows:
1. A method in a distributed data processing
system for backing up data from a client computer,
the method comprising the computer implemented steps of:
creating a backup image of the data in said
client computer, wherein the backup image is stored
in a location in said client computer; and
requesting, by a server, the backup image from
the location in said client computer for storage on said
server.
The examiner relies on the following references:
Carr et al. (Carr) 5,835,915 Nov. 10, 1998
Shannon 5,852,713 Dec. 22, 1998
Deshayes et al. (Deshayes) 6,047,294 Apr. 04, 2000
(filed Mar. 31, 1998)
Claims 1-4, 17-20 and 30 stand rejected under 35 U.S.C.
§ 102(e) as being anticipated by the disclosure of Shannon.
Claims 32 and 33 stand rejected under 35 U.S.C. § 102(e) as being
anticipated by the disclosure of Carr. Claims 5-9, 12-14, 21-25,
28, 29 and 31 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over the teachings of Shannon taken alone. Claims
10, 11, 15, 16, 26 and 27 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over the teachings of Shannon in view of
Deshayes. The final rejection of some of the claims under the
first paragraph of 35 U.S.C. § 112 has not been repeated in the
answer, and is presumed to have been withdrawn by the examiner.
2
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