Ex Parte West et al - Page 2




            Appeal No.  2004-2227                                                                       
            Application No. 09/726,868                                                                  

            differences between first new data and the old data and for receiving                       
            second delta difference data indicative of the differences between second                   
            new data and the old data, the target storage device further operable for                   
            storing the first and second delta difference data at the same point in time,               
            the target storage device further having a processor for processing the old                 
            data with the first delta difference data to determine the first new data and               
            for processing the old data with the second delta difference data to                        
            determine the second new data.                                                              
                  The following references are relied on by the examiner :                              
            Bodnar                       6,012,063                Jan.  4, 2000                        
            Burns  et al. (Burns)         6,018,747                Jan. 25, 2000                        
                  Claims 1-3, 5, 7, 8, 10-12, 18-20, 22, [23], 24, 26-31 and 35 stand                   
            rejected under 35 U.S.C. § 102(e) as being anticipated by Burns.  On the                    
            other hand, claims 4, 6, 13-17, 21 and 32-34 stand rejected under                           
            35 U.S.C. § 103.  As evidence of obviousness, the examiner relies upon                      
            Burns in view of Bodnar.1                                                                   
                  Rather than repeat the positions of the appellants and the examiner,                  
            reference is made to the brief and reply brief for the appellants’ positions,               
            and to the answer for the examiner’s positions.                                             

                                                                                                        
            1   Among the formal statements of the rejections of the claims on appeal as set forth      
            in the answer, there is no formal statement with respect to claim 23.  This is consistent   
            with the final rejection although the cover sheet thereof indicates otherwise.  Page 4 of   
            the brief also recognizes that claim 23 is rejected under 35 U.S.C. §102 in the first       
            stated rejection above.                                                                     
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