Appeal No. 2006-1109 Page 2
Application No. 09/843,882
Responsive to the commands, the actuator increases or decreases the rate of the data
migration. (Id. at 7.)
A further understanding of the invention can be achieved by reading the following
claim.
1. A method for migrating data, said method comprising:
moving a set of data in a data storage system of a computer
system;
monitoring a performance of at least one executing application,
while said moving is in progress;
calculating a change in a rate of said moving in response to said
monitored performance of the at least one executing application; and
modifying said rate of said moving in accordance with said
calculated change.
Claims 1-23 stand rejected under 35 U.S.C. § 103(a) as obvious over U.S.
Patent No. 6,636,951 ("Tachikawa") and U.S. Patent No. 6,230,239 ("Sakaki").
II. OPINION
At the outset, we remind the examiner that an "examiner's answer is required to
include," under the heading "Grounds of Rejection," an explanation of the ground of
rejection. M.P.E.P. § 1207.02 (8th ed., rev. 2, Aug. 2005). Here, the examiner omits
the explanation from the Grounds of Rejection section of his answer. (Examiner's
Answer at 3.) Instead, he reproduces the explanation in the "Related Proceeding(s)
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