Ex Parte Fore et al - Page 11



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

              First, there must be rebuilding of stripe units in a disk in          
         a disk array stripe by stripe.  As noted supra, stripe units were          
         known.  Further, by the explanation at pages 3-5 of the instant            
         specification, it would appear that this is merely a recitation            
         of the well known “expansion” process.  See page 4 of the                  
         specification indicating that the process of copying back the              
         spare unit data onto the repaired or spare disk stripe by stripe           
         is known as “expansion.”                                                   
              Then, the claim requires a received request to write data to          
         a “particular stripe unit” in “said disk” during the expansion             
         process.  Ohizumi appears to describe a request to write data to           
         a disk, both a spare disk storage and a new disk storage, but              
         there is no indication in Ohizumi that the request is to write             
         data to a “particular stripe unit” in “said disk,” as required by          
         the claim.  Clearly, Menon is no help in this regard.  Ohizumi             
         appears to write all the data in a failed disk to both a spare             
         disk storage and a new disk storage, but does not write data to            
         “particular” stripe units in a disk.                                       
              Moreover, the claim requires an actual writing of the data            
         in the “particular stripe unit” in the disk “if said particular            
         stripe unit was rebuilt during said expansion process.”  Nothing           
         in either Ohizumi or Menon describes any conditional writing of            

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