Appeal No. 2006-1109 Page 6
Application No. 09/843,882
Here, Sakaki "automatically adjust[s] data migration speed during data migration
depending on the state of the load to [a] new volume so as to give priority to accesses
to the new volume by, (col. 2, ll. 51-53), [a central processing unit].” More specifically,
as observed by the examiner, supra, the reference explains that "[b]ased on the order of
the priority of sequence of data migration and the various resource information, a
judgement is performed to determine whether migration speed should be changed (Step
47)." (Col. 8, ll. 32-35.) Although Sakaki changes the speed at which data are
migrated, the examiner has not shown where the reference calculates a change in the
rate at which the data are migrated. Absent a teaching or suggestion of the feature, we
are unpersuaded of a prima facie case of obviousness. Therefore, we reverse the
obviousness rejection of claims 1, 11, 16, and 23, and of claims 2-10, 12-15, and 17-22,
which depend therefrom.
III. CONCLUSION
In summary, the rejection of claims 1-23 under § 103(a) is reversed.
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