Ex Parte Moulton et al - Page 2

                Appeal 2007-0243                                                                             
                Application 09/777,002                                                                       

                                      STATEMENT OF THE CASE                                                  
                      Appellants have invented a data storage system wherein one or more                     
                storage nodes is selected to serve a data storage request based at least in part             
                on the particular context associated with each of the storage nodes (Figure 6;               
                Specification 6, 7, and 21).                                                                 
                      Claim 1 is representative of the claims on appeal, and it reads as                     
                follows:                                                                                     
                      1. A data storage system comprising:                                                   
                      a plurality of storage nodes, each node existing at a physical location                
                and having one or more associated contexts including a political context, an                 
                economic context, a geographical context or a network topological context;                   
                      interface mechanisms coupled to each storage node for                                  
                communicating storage access requests with the storage node; and                             
                      data storage management processes that select one or more of the                       
                storage nodes to serve a data storage request based at least in part upon the                
                particular contexts associated with each of the storage nodes.                               
                      The prior art relied upon by the Examiner in rejecting the claims on                   
                appeal is:                                                                                   
                McClain                 US 5,794,254                   Aug. 11, 1998                       
                Carter                  US 5,987,506                   Nov. 16, 1999                       
                      The Examiner rejected claims 1 to 7 and 13 to 30 under 35 U.S.C.                       
                § 103(a) based upon the teachings of Carter.  The Examiner rejected claim                    
                12 under 35 U.S.C. § 103(a) based upon the teachings of Carter and                           
                McClain.                                                                                     



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