Ex Parte Faust et al - Page 4




              Appeal No. 2005-1270                                                                         4               
              Application No. 09/798,169                                                                                   


                     Taking claim 9 as exemplary, it is the examiner’s position that Houston                               
              anticipates the claim in the following manner:                                                               


                     The examiner cites column 2, line 36, of Houston, viz., “The storage device is                        
              capable of executing commands received from a host processor and detecting errors in                         
              the performance of those commands,” and alleges that this is a teaching of the claimed,                      
              “detecting, by a partition manager, a fault state in the data processing system.”  For a                     
              teaching of the claimed, “saving data relating to the fault state in a power independent                     
              memory that is included within a service processor in the data processing system,” the                       
              examiner cites the abstract of Houston, viz., “When an error is detected by the storage                      
              device, the previously executed commands and certain error condition codes are stored                        
              in an error log in a non-volatile memory of the storage device.”                                             


                     The examiner explains that the storage device has a reserved part set aside for                       
              some purpose, and calls this a “partition.”  Further, the examiner explains that a “service                  
              processor” is nothing more than a system that processes services (answer-page 5).                            


                     For their part, appellants argue that Houston teaches neither a service processor                     
              nor a partition manager and that Houston does not teach storing data relating to the                         
              fault state in an independent memory that is included within a service processor.                            








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