Ex Parte Fore et al - Page 12



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

         data to a “particular” stripe unit, especially the specific                
         condition of a particular stripe unit being rebuilt during an              
         expansion process.                                                         
              Further still, the claim finally requires “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.”  Ohizumi “mirrors”            
         data in the sense that data is written to both a new disk and a            
         spare disk, but there is no description in Ohizumi or Menon of             
         the specifically claimed “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.”                                                  
              Accordingly, we are of the view that the examiner has not             
         established a prima facie case of obviousness with regard to the           
         instant claimed subject matter and we will not sustain the                 
         rejection of claims 1-20 under 35 U.S.C. § 103.                            
              The examiner’s decision is reversed.                                  




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