Ex Parte Teloh et al - Page 2

                Appeal 2007-0265                                                                              
                Application 09/988,853                                                                        
                                                A. INVENTION                                                  
                      The invention at issue on appeal replicates data in a computer                          
                network.  Accelerated business practices and the globalization of the                         
                marketplace require business communications and operations to function                        
                around-the-clock.  Corporate data repositories must be able to provide                        
                critical data regardless of interruptions caused by hardware failure, software                
                failure, or geographical disaster.  To achieve the necessary data continuity                  
                and resilience, businesses employ remote data repositories to back-up and                     
                store the critical data (Specification 1.)                                                    

                      For its part, the Appellants' invention replicates data from a local                    
                location and forwards the replicated data to a remote location.  (Id. 6.)  The                
                invention uses the Transmission Control Protocol/Internet Protocol, i.e.,                     
                TCP/IP, to forward the replicated data.  (Id. 7.)                                             

                      Claim 21 which further illustrates the invention, follows.                              
                      21. In a storage network, a method to create a replica of                               
                      selected data in said storage network, said method comprising                           
                      the steps of:                                                                           
                             instructing a first data replication facility at a first                         
                      electronic device in said storage network to track changes to                           
                      one or more storage locations of a first storage medium that                            
                      correspond to said selected data;                                                       
                             instructing said first data replication facility to generate                     
                      said replica of said selected data based on said tracked changes                        
                      to said one or more locations of said first storage medium;                             
                             placing said replica of said selected data in a data                             
                      structure; and                                                                          

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