Ex Parte Fore et al - Page 4



         Appeal No. 2006-1540                                                       
         Application No. 10/113,338                                                 

         disk storage is replaced by a fresh disk storage, the new disk             
         storage is initialized, the data restored and written in the               
         spare disk storage 3 in the available period between read/write            
         operations is read from the spare disk storage 3, and the read             
         data is copied to the disk storage which has been initialized’”            
         (see page 7 of the answer).                                                
              However, we have reviewed Ohizumi, especially column 4,               
         lines 12-18, thereof, and we agree with appellants that there is           
         no teaching of rebuilding data units, as claimed, in Ohizumi.              
         Rather, Ohizumi appears to teach copying data read from a spare            
         disk and storing the copied data to a new disk.  Moreover, there           
         is no language in the cited passage of Ohizumi, nor anywhere else          
         in Ohizumi as far as we can tell, suggesting rebuilding data               
         units in a disk in a disk array, data group by data group, as              
         alleged by the examiner.                                                   
              In response, at page 12 of the answer, the examiner argues            
         that Ohizumi does, indeed, teach the grouping of data so that              
         data may be reconstructed, this time also pointing to the                  
         abstract of Ohizumi.  We have reviewed the abstract of Ohizumi             
         and find, again, that Ohizumi only replaces a faulty disk in a             
         disk array and does so by generating restored data from data               
         stored in the remaining functioning disks and then writing the             

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