Ex Parte Fuente et al - Page 3

                Appeal 2007-1779                                                                             
                Application 10/447,351                                                                       

                      in response to an I/O request to one of said client storage controllers,               
                suspending said I/O request by said one client storage controller;                           
                      determining, by said owner storage controller, whether or not said                     
                region of storage has already been copied;                                                   
                      in a determination that said region of storage has been copied,                        
                unpending said I/O request by said one client storage controller to process                  
                said I/O request; and                                                                        
                      in a determination that said region of storage has not been copied,                    
                            placing a lock record against said metadata associated with said                 
                            region of storage;                                                               
                            copying data within said region of storage by said owner                         
                            storage controller; and                                                          
                            releasing said lock record to process said I/O request.                          
                      The prior art relied upon by the Examiner in rejecting the claims on                   
                appeal is:                                                                                   
                Franklin                US 6,061,770                   May 9, 2000                         
                Jiang                   US 6,453,354 B1                 Sept. 17, 2002                      
                Pittelkow               US 7,003,688 B1                 Feb. 21, 2006                       
                                                             (filed Jun. 28, 2002)                           
                                                                                                            
                      The Examiner rejected claims 5 to 16 under 35 U.S.C. § 103(a) based                    
                upon the teachings of Pittelkow, Franklin, and Jiang.                                        
                      Appellants contend that the applied references, whether considered                     
                separately or in combination, do not teach or suggest all of the features of                 
                the claimed invention (Br. 6 and 7).  Appellants additionally contend that the               
                Examiner has used impermissible hindsight to pick and choose among                           
                disclosures in the prior art to make the obviousness rejection (Reply Br. 3).                

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