Ex Parte Fore et al - Page 7



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

         a disk in the array fails, the data that used to be on that                
         failed disk may be rebuilt to the hot spare disk.  Once the                
         failed disk is either repaired or replaced by a spare disk, the            
         data on the repaired or spare disk may be rebuilt using the data           
         on the hot spare disk.                                                     
              This description of the background, at page 3 of the instant          
         specification, appears to be a prior art description which sounds          
         like what is disclosed by Ohizumi.  For example, the abstract of           
         Ohizumi states that                                                        
                   …when a fault occurs in one of a plurality of                    
              regular disk storages and a disk storage for parity,                  
              restored data generated from data stored in the                       
              remaining functioning disks is written to the spare                   
              disk storage, and the restored data is copied to a                    
              new disk storage which has replaced the faulty disk.                  
              But, as further explained by the instant specification, at            
         pages 3-4, the hot spare disk may be distributed among the array           
         of disks to lessen the number of reads and writes to complete the          
         rebuild, wherein each stripe may comprise a stripe unit                    
         designated to store data corresponding to a stripe unit from a             
         failed disk.  These stripe units designated to store data                  
         corresponding to a stripe unit from a failed disk in the same              
         stripe may be referred to as “spare units.”  Thus, once a disk in          
         the array fails, the data that used to be on the failed disk may           
         be rebuilt to spare units distributed among the remaining disks            
                                         7                                          



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