Appeal 2007-0265
Application 09/988,853
forwarding said replica of said selected data in
accordance with a communication protocol from said data
structure to a second data replication facility at a second
electronic device in said storage network for storage of said
replica on a second storage medium by said second electronic
device.
B. REJECTIONS
Claims 1-4, 6-10, 12-16, 18, 20-23, 25-29, 31-35, 37-41, 43-46 and
48-50 stand rejected under 35 U.S.C. § 102(e) as anticipated by U.S. Patent
No. 6,629,264 ("Sicola"). Claims 5, 11, 17, 19, 30 and 42 stand rejected
under 35 U.S.C. § 103(a) as obvious over Sicola and U.S. Patent
No. 6,629,264 ("Wahl"). Claims 24, 36, 47 and 51 stand rejected under
§ 103(a) as obvious over Sicola and U.S. Patent No. 6,209,002 ("Gagne").
II. GROUPING OF CLAIMS
"When multiple claims subject to the same ground of rejection are
argued as a group by appellant, the Board may select a single claim from the
group of claims that are argued together to decide the appeal with respect to
the group of claims as to the ground of rejection on the basis of the selected
claim alone. Notwithstanding any other provision of this paragraph, the
failure of appellant to separately argue claims which appellant has grouped
together shall constitute a waiver of any argument that the Board must
consider the patentability of any grouped claim separately." 37 C.F.R.
§ 41.37(c)(1)(vii) (2005).1
1 We cite to the version of the Code of Federal Regulations in effect at the
time of the Appeal Brief.
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