Ex Parte Vishlitzky et al - Page 6

                Appeal 2007-1951                                                                             
                Application 10/120,016                                                                       
                               accordingly whereas the snapshot inode tree does not change                   
                               and it refers to the blocks of disk space where the unmodified                
                               existing data remains.  (Col. 18, ll. 24- 39, see also example                
                               shown in figure 18 A-C and described in col. 18-19).                          
                      5. The system is consistent at all times.  (Col. 20-15-31).                            
                      6. Hitz repeatedly states that the system does not overwrite data                      
                               but writes to unused blocks of the disk.  By not overwriting                  
                               the disk is kept in a self-consistent state.  (Col. 11, l. 65- col.           
                               12, l. 9, col. 19, ll. 18-33, col. 20, ll. 4-6, col. 23, ll. 35-37).          
                      7. Siddha teaches a method of taking snapshots of data to                              
                               maintain a data backup.  (Abstract, and first paragraph under                 
                               heading 1.1).                                                                 
                      8. Siddha teaches that the method of taking snapshots uses a                           
                               copy on write system.  Before a block is modified, the                        
                               contents of the block are copied to a block at another location               
                               and then the block is overwritten with the changed data.                      
                               (Second and third paragraph under heading 1.1 and figure 1).                  

                                                   ANALYSIS                                                  
                      We find that the Examiner erred in holding that it would have been                     
                obvious to modify Hitz such that in response to a write of new data to a                     
                section of stored data, the data existing in the section is first copied to                  
                another section, and then the data is written to the section.  Claim 1 recites               
                “in response to a write of new data to a section of the stored data pointed to               
                by a pointer of the table of the virtual storage area, copying the section of                
                stored data to a section of the at least one other storage area prior to the                 

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