Ex Parte Lee et al - Page 13


          Appeal No. 2005-2284                                                        
          Application No. 09/748,589                                                  
               Appellants agree that Hayashi teaches implementing ECC                 
          functionality in software, but contend that it does not teach               
          implementing the ECC functionality in software “in a data storage           
          system” (brief-page 9).                                                     

               We, again, agree with the examiner.  As explained by the               
          examiner, at pages 10-11 of the answer, “since the memory device            
          and its controller may be considered part of the data storage               
          system, the ECC is implemented in software in the data storage              
          system; however, even if the memory device is interpreted as                
          separate from the data storage system, the controller or CPU is             
          part of the data storage system (and thus also the software, and            
          the ECC functionality).”                                                    

               The examiner’s explanation appears reasonable to us and we             
          find nothing from appellants to convince us otherwise.                      

               Accordingly, we will also sustain the rejection of claim 136,          
          Group III, under 35 U.S.C. § 103.                                           

               With regard to Group IV, claim 137, this claim requires that           
          the ECC functionality “is implemented in a file system in the data          
          storage system.”  The examiner relies on Anderson, specifically             
          Figure 31, column 22, line 64 to column 23, line 10 and column 24,          
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