Ex Parte Fore et al - Page 5



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

         restored data to a spare disk from which the restored data is              
         copied to a new disk storage which has replaced the faulty disk.           
         But there is no indication of rebuilding data, data group by data          
         group, wherein each disk in the disk array comprises a plurality           
         of data units and wherein a data group is a group of                       
         corresponding data units from each disk in the disk array.                 
              The claims actually call for rebuilding “stripe units” in a           
         disk in a disk array “stripe by stripe, wherein each disk in said          
         disk array comprises a plurality of stripe units, wherein a                
         stripe is a group of corresponding stripe units from each disk in          
         said disk array.”  The examiner admits that Ohizumi is clearly             
         not that specific even if we assume, which we do not, that                 
         Ohizumi discloses the rebuilding by a broader data group by data           
         group, wherein a data group is a group of corresponding data               
         units from each disk in the disk array.                                    
              Thus, the examiner turns to Menon for an alleged teaching of          
         striping in a redundant disk array being “very well known in the           
         art” (answer-page 8), referring specifically to column 8, lines            
         45 et seq.: “That is, in an array of N+3 DASDs each having a               
         capacity of K blocks/DASD, then 2*K blocks are distributed                 
         thereacross such that no more than two spare blocks are located            
         on the same stripe or on the same DASD.”  From this passage and            

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