Ex Parte Fore et al - Page 10



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

         directed to failures which occur during the expansion process              
         when some but not all data has been correctly written, nor does            
         it involve the copying of data in particular stripe units.                 
         Therefore, it is difficult to see how Ohizumi can be considered            
         to teach or suggest employing stripe units and mirroring in the            
         specific manner claimed, viz., “mirroring said data to a stripe            
         unit that corresponds to said particular stripe unit in a same             
         stripe if said particular stripe unit was rebuilt during said              
         expansion process, wherein said mirror stripe unit is located in           
         another disk of said disk array.”                                          
              The examiner admits that Ohizumi teaches nothing about                
         stripes and stripe units, relying on Menon for this teaching.              
         Menon is no more instructive than what appellants appear to admit          
         to be prior art, at pages 1-5 of the instant specification.  It            
         is agreed that striping and stripe units, per se, were known, but          
         whereas each updated stripe had to be tracked during expansion in          
         the prior art, appellants claim a method and apparatus and                 
         computer program product that eliminates this time-consuming               
         tracking process through a particular process or structure.                
              Taking claim 1 as exemplary, a method of performing an                
         expansion, i.e., of copying back the spare unit data onto the              
         repaired or spare disk stripe by stripe, is claimed, the method            
         of expansion following very specific steps:                                
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