The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte Guillermo A. Alvarez, Chenyang Lu, and John Wilkes
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Appeal No. 2006-1109
Application No. 09/843,882
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ON BRIEF
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Before HAIRSTON, RUGGIERO, and BARRY, Administrative Patent Judges.
BARRY, Administrative Patent Judge.
A patent examiner rejected claims 1-23. The appellants appeal therefrom under
35 U.S.C. § 134(a). We reverse.
I. BACKGROUND
The appellants explain that the executor of their on-line data migration engine
migrates user data in a storage system while maintaining guarantees of application
performance. (Spec. at 6.) More specifically, the executor includes a module for
monitoring performance parameters of a computer system executing foreground
applications and for forwarding the performance parameters to a controller of the
migration executor. The controller compares the forwarded performance parameters
with performance goals for the application and issues commands to an actuator.
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Last modified: November 3, 2007