Ex Parte Moulton et al - Page 3

                Appeal 2007-0243                                                                             
                Application 09/777,002                                                                       

                      Appellants contend that Carter is directed to a method of accessing a                  
                shared memory structure comprised of a number of nodes by a plurality of                     
                clients, and that Carter does not use context in the servicing of a data storage             
                request (Br. 5 to 8).                                                                        
                      The Examiner acknowledges that “Carter fails to expressly disclose                     
                such contexts/data including political, economic, geographic, or topological                 
                context,” but concludes “it is clear Carter teaches 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 since conventional data storage management                         
                processes need to determine where, or to which node or nodes, the requested                  
                data should be stored, (i.e. conventional data storage management processes                  
                need to first know where data is stored before the storage management                        
                processes select the location to store updates to the data), (Carter, col. 6,                
                lines 3-21, and col. 7, lines 42-60)” (Answer 13 and 14).  Thus, the                         
                “Examiner maintains it was well known in the art at the time of the claimed                  
                invention for storage nodes to contain context including political,                          
                economical, geographical, and topological context” (Answer 13).                              

                                                   ISSUE                                                     
                      Does the context associated with a storage node patentably distinguish                 
                the claimed invention over an ordinary storage node in the applied prior art?                






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