Ex Parte Lee et al - Page 15


          Appeal No. 2005-2284                                                        
          Application No. 09/748,589                                                  
          information and thus is implemented in the file system to the               
          extent claimed.”                                                            

               Appellants offer no explanation as to why the claim language           
          should not, or could not, be so broadly interpreted.  Accordingly,          
          we will sustain the rejection of claim 137 (Group IV) under 35              
          U.S.C. § 103.                                                               

               Finally, as to claim 138 (Group V), this claim recites that            
          the ECC functionality is implemented in hardware in the data                
          storage system.  The examiner included this claim in the rejection          
          under 35 U.S.C. § 103 based on the combination of either Zhang or           
          Johnson, in view of Leedy, since it was understood that the ECC             
          functionality of Leedy was implemented in hardware in the data              
          storage system, as explained at pages 9-10 of the answer.                   

               Appellants offer no rationale to rebut the examiner’s                  
          seemingly reasonable conclusion, arguing, simply, that it is not            
          only the ECC functionality implemented in hardware that is required         
          but that it is implemented in hardware in a data storage system             
          (brief-page 10).                                                            




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