Ex Parte Ashmore et al - Page 12

                Appeal 2007-1352                                                                             
                Application 10/406,127                                                                       

                Issue 1:  Anticipation of claim 16.                                                          
                      Appellants argue that Duprey does not disclose a first cache adapter                   
                that has both a cache memory and a memory for storing a list containing at                   
                least one record of write data.  (Br. 16; Reply Br. 6.)  We do not agree.                    
                      Initially, we note that the claim limitation "for storing a list containing            
                at least one record of write data received from the at least one data                        
                processor" is merely an intended use of the recited "memory" of the first                    
                cache adaptor.  Therefore, this limitation is not entitled to patentable weight.             
                As will be explained, however, even if this limitation is given patentable                   
                weight it is met by Duprey.                                                                  
                      As the Examiner correctly found, Duprey teaches a storage processor                    
                for the master storage unit that includes a write cache and functions as a                   
                cache adaptor to temporarily store data from the host that is destined for the               
                disk array.  (Answer 3, 16; FF 3.)  The storage processor corresponds to the                 
                first cache adaptor and the write cache corresponds to the first cache                       
                memory.  Also, the Examiner correctly found that Duprey teaches a write                      
                intent log that identifies portions of the slave images that may be                          
                unsynchronized and also teaches that the master storage unit stores a write                  
                entry in the write intent log when it receives a write request from the host.                
                (Answer 5; FF 2-3.)  We agree with the Examiner that the limitation of the                   
                first cache adaptor "further comprising memory" recited by claim 16 does                     
                not require the memory to be physically separate from the first cache                        
                memory and we agree that that such an interpretation is consistent with the                  
                Specification.  (Answer 17; Specification 8:4-8.)                                            



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