Ex Parte Kitamorn et al - Page 5




         Appeal No. 2006-1757                                                       
         Application No. 10/116,522                                                 
                                                                                   
         The examiner responds that Cepulis identifies and skips                    
         faulty devices by only permitting access to those devices that             
         are listed as available in the logical resource map [answer, page          
         7].  In this regard, the examiner notes that Cepulis at block 216          
         indicates what devices are available -- and therefore, by                  
         implication, what is not available [id.].  The examiner also notes         
         that although the logical resource map is cleared at step 202, it          
         is nevertheless repopulated based on the contents of the failed            
         device log 132 [id.].  Appellants respond that Cepulis' permitting         
         access to devices listed as available is opposite to the claimed           
         skipping step.  Moreover, "logical devices listed as available,"           
         according to appellants, is opposite to the scanning step recited          
         in claim 1 [reply brief, page 2].                                          





              Regarding claims 8, 17, and 26, appellants argue that                 
         Cepulis' non-volatile RAM (NVRAM) 130 that stores the failed               
         device log does not disclose an error register as claimed [brief,          
         pages 14 and 15].  Specifically, appellants contend that "NVRAM            
         is not known to use registers" [brief, page 15].  The examiner             
         responds that registers are intrinsic to NVRAM devices,                    
         particularly the type of NVRAM that Cepulis uses (i.e., EEPROMs or         
                                                                                   
         group of claims comprising claims 1-7, 9-16, 18-25, and 27 [brief, page 10].
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