Ex Parte Kitamorn et al - Page 6



         Appeal No. 2006-1757                                                       
         Application No. 10/116,522                                                 
                                                                                   
         battery backed-up RAM) [answer, page 8].                                   
              We will sustain the examiner's anticipation rejection.  At            
         the outset, we note that steps 204, 206, and 208 in Fig. 2 of              
         Cepulis fully meet the limitation of claim 1 calling for                   
         "scanning information regarding the plurality of devices in the            
         scanning order to identify the first device."  After initially             
         clearing the logical resource map, Cepulis sequentially obtains            
         ID codes of failed devices from the failed device log.  The                
         system then tags as unavailable those logical resources that               
         correspond to the failed physical devices [Cepulis, Fig. 2, step           
         212].  Based on this tagging process, only available logical               
         devices are reported to the computer's operating system [Cepulis,          
         Fig. 2, step 216].                                                         


              In our view, Cepulis' method of reporting only those logical          
         devices that are available (i.e., logical resources that are not           
         tagged as unavailable) reasonably constitutes "skipping over each          
         device that is identified in a data structure" as claimed.                 
         Specifically, tagging unavailable resources corresponding to               
         failed physical devices inherently identifies such failed devices          
         in a data structure.  Moreover, reporting only available devices           
         to the operating system inherently "skips over" (i.e., omits) the          
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