Ex Parte Faust et al - Page 12




              Appeal No. 2005-1270                                                                       12                
              Application No. 09/798,169                                                                                   


              using the service processor 30.  Even so, processors 1 and 2, as depicted in Nota’s                          
              Figure 1, are separate and distinct from the main storage and the fault data is still                        
              disclosed as being stored in the main storage.  So even if processors 1 and 2 are to be                      
              used instead of service processor 30, the fault data is still not saved in a power                           
              independent memory of the service processor 30 or in a power independent memory of                           
              processors 1 and 2.  Therefore, the instant claimed subject matter is still not taught or                    
              suggested by Nota.                                                                                           


                     Accordingly, we will not sustain the rejection of claims 1-39 under 35 U.S.C. §103                    
              over Nota, in view of well known non-volatile memories.                                                      


                     Finally, we turn to the rejection of claims 15-17 under 35 U.S.C. §103 over Faulk                     
              in view of firmware.                                                                                         


                     It is the examiner’s position that Figure 1 of Faulk discloses a bus system, 51-56,                   
              a communication unit, as claimed, as per column 2, line 61 et seq., and column 3, line                       
              57 et seq., a service processor comprising the combination of processor 11 and error                         
              log 12, a power independent memory in the service processor (column 3, line 65,                              
              indicates that error log may be a non-volatile memory), and a host processor, citing                         
              column 3, line 57 et seq.                                                                                    








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