Ex Parte Ashmore et al - Page 16

                Appeal 2007-1352                                                                             
                Application 10/406,127                                                                       

                used in the resynchronization.  (Answer 12-13; FF 2, 4.)  Even though the                    
                slave storage units are described as having a write intent log (FF 1), Duprey                
                only describes one write intent log being used for resynchronization                         
                (FF 1-2, 4).                                                                                 
                      Appellants also argued for patentability of claim 7 on the same basis                  
                as claims 1 and 16 (Br. 20; Reply Br. 12), and we find that Appellants have                  
                failed to show error in the rejection of claim 7 for the same reasons                        
                discussed with respect to claims 1 and 16.                                                   
                      Accordingly, we conclude that the Examiner did not err in rejecting                    
                claim 7 under 35 U.S.C. § 103.                                                               
                      Claim 8 was argued on the same basis as claims 2 and 7 (Br. 20;                        
                Reply Br. 12), and we find that Appellants have failed to show error in the                  
                rejection of claim 8 for the same reasons discussed with respect to claims 2                 
                and 7.                                                                                       
                      Dependent claim 9 was not argued separately from independent                           
                claim 7,4 and thus falls with claim 7.                                                       
                      Claim 10 was argued on the same basis as claims 1 and 16 (Br. 21;                      
                Reply Br. 13), and we find that Appellants have failed to show error in the                  
                rejection of claim 10 for the same reasons discussed with respect to claims 1                
                and 16.                                                                                      
                      Claim 11 was argued on the same basis as claims 1, 7, and 16 (Br. 21-                  
                22; Reply Br. 13-14), and we find that Appellants have failed to show error                  


                                                                                                            
                4  Although the Briefs include a point heading for claims 7 and 9, no                        
                argument was presented with respect to claim 9.  (Br. 20; Reply Br. 11-12.)                  
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