Ex Parte Vishlitzky et al - Page 3

                Appeal 2007-1951                                                                             
                Application 10/120,016                                                                       
                      Suresh B. Siddha, “A Persistent Snapshot Device Driver for Linux,”                     
                      Proceedings of the 5th Annual Linux Showcase &Conference. Nov. 5-                      
                      10, 2001.                                                                              

                                         REJECTIONS AT ISSUE                                                 
                      Claims 1 through 3, 5, 7, 8, 10, 14 through 16, 22, 23, 26 through 28,                 
                and 30 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                    
                Hitz in view of Siddha.                                                                      
                      Claims 6 and 11 stand rejected under 35 U.S.C. § 103(a) as being                       
                unpatentable over Hitz in view of Siddha and Brady.                                          
                      Claims 9 and 32 stand rejected under 35 U.S.C. § 103(a) as being                       
                unpatentable over Hitz in view of Siddha and West.                                           
                      Claims 12, 13, 24, 25, 33, and 34 stand rejected under 35 U.S.C.                       
                § 103(a) as being unpatentable over Hitz in view of Siddha and Grummon.                      
                      Throughout the opinion, we make reference to the Brief (received                       
                September 11, 2006), the Reply Brief (received December 26, 2006), and the                   
                Answer (mailed November 1, 2006) for the respective details thereof.                         
                                                  ISSUES                                                     
                      Appellants contend that the Examiner’s rejection of claims 1 through                   
                3, 5, 7, 8, 10, 14 through 16, 22, 23, 26 through 28, and 30 under 35 U.S.C.                 
                § 103(a) is in error.  Appellants assert that modifying Hitz with the teaching               
                of Siddha as suggested by the Office action would change the principle                       
                operation of Hitz.  Appellants reasons that:                                                 
                      Hitz teaches that the system described therein operates because the                    
                      WAFL system always writes new data to an unused disk location                          
                      rather than to the currently used location.  It is respectfully submitted              
                      that modifying Hitz according to Siddha as suggested in the Office                     

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