Ex Parte Carlson et al - Page 10


               Appeal 2007-2131                                                                             
               Application 10/401,331                                                                       
               decompresses files, we conclude that the scope of the claimed “archiving                     
               means” encompasses equivalent mechanisms that also perform the function                      
               of archiving using compression and decompression techniques, such as those                   
               mechanisms taught by Ishii and Culbert, as pointed out by the Examiner in                    
               the Answer (see Answer 4).                                                                   
                      We further disagree with Appellants contention that neither Ishii nor                 
               Culbert teaches an “identification means for identifying one or more content                 
               files in content storage that are candidates for archiving based on access                   
               information,” as claimed (see Br. 12, see also claim 16).  In contrast, we find              
               Ishii clearly teaches compressing files with low access frequency and                        
               decompressing files with high access frequency, as follows:                                  

                      It is not until the available capacity becomes lower than the                         
                      threshold value that files are compressed.  For such                                  
                      compression, a search for files to be compressed is conducted                         
                      based on the file control information of the file attribute                           
                      controller 132 (Step 220).  From the files other than those for                       
                      which compression is prohibited by the user, non-compression                          
                      files with low access frequency are picked up.  If there is no file                   
                      to be compressed, the system returns to Step 210.  In Step 221,                       
                      it is judged whether there is any file to be compressed.  The                         
                      term "File to be compressed" means the files subject to                               
                      compression until the available file capacity exceeds the                             
                      predetermined threshold value [emphasis added].                                       
               (Ishii, col. 7, ll. 4-14).                                                                   
                                                                                                           
               68 USPQ2d 1263, 1267-75 (Fed. Cir. 2003) (claims indefinite because                          
               alleged corresponding structure in specification for claimed “means for                      
               converting” was a frame grabber, computer video processor, and software                      
               routines (not described) for performing the conversion).                                     

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