Ex Parte Krehbiel et al - Page 7

                Appeal 2007-0426                                                                                 
                Application 10/145,307                                                                           

                storage device)” and instead, “replaces a logical unit, which resides on a                       
                physical device, but is not itself a physical device” (id.).                                     
                       We agree with the Examiner that Golasky’s logical units within                            
                storage device 14 are physical devices (FF 6-9).  The logical units                              
                correspond to the actual non-volatile physical storage devices within storage                    
                device 14 which may be grouped into logical units.  In that regard, the                          
                collection of physical storage devices within storage device 14 forms the                        
                logical units which may be replaced in case of failure with an unassigned                        
                unit.                                                                                            
                       Therefore, contrary to Appellants’ assertion (Br.13), combining                           
                Golasky with Dunphy does not involve different management techniques                             
                necessary for physical and logical entities.  In fact, since both require                        
                assigning physical devices as the replacement for a failed device, one of                        
                ordinary skill in the art would have combined the references to benefit from                     
                the recovery system of Golasky automatically assigning unassigned devices                        
                in order to reduce the need for additional storage devices and increase the                      
                speed of the system.                                                                             

                                          CONCLUSION OF LAW                                                      
                       Because Appellants have failed to point to any error in the Examiner’s                    
                position, we sustain the § 103 rejection with respect to claim 1 and also with                   
                respect to claims 3-9, 11-17, and 19-22, which are argued either together                        
                with claim 1 or merely based on the same reasons discussed in relation with                      
                claim 1 (Br. 9-13).   Therefore, we sustain the 35 U.S.C. § 103 rejection of                     
                claims 1, 3-9, 11-17, and 19-22 over Dunphy and Golasky.                                         


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