Appeal No. 2005-1270 7
Application No. 09/798,169
Houston does, indeed, detect a fault state in the data processing system
because that is how the error log is generated, i.e., by detecting fault states. The
question is, however, does Houston detect these fault states “by a partition manager,”
and does Houston save this data “in a power independent memory that is included
within a service processor,” as claimed?
It is clear to us that the error log, i.e., saved data, in Houston is saved in a power
independent memory because Houston describes storage in a “non-volatile memory”
(abstract).
It is also clear to us that Houston’s storage device is clearly “partitioned,” in the
broadest sense, since the error log stored in the storage device is stored in only one
portion of the storage device, i.e., the storage device stores more than merely the error
log. Accordingly, if the error log is stored in only a portion of the storage device in
Houston, the storage device must be “partitioned.” Appellants have offered no
definition, nor have appellants pointed to any meaning within the specification, that
would contradict this broad interpretation of the term. A mere general allegation that “
[n]othing in Houston describes logically partitioning the storage device. Thus, nothing in
Houston teaches a manager that manages a partition” (principal answer-page 6),
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