Ex Parte Alvarez et al - Page 2




             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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