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i will try my next backup with /boot excluded :) ... BUT!
i kinda forgot that i made an extra partition for /home ... ! so it fixed "itself" randomly. haha... first i formatted the partitions to...

thanks for the reply! i excluded /proc /mnt /sys and /media (all my windows partitions are mounted there so no need to include them in the ubuntu backup)

i did a fresh install from the live CD.......

:'(
i used the method described in the first posting to save my ubuntu 7.10 settings and all before start fiddling with the ATI drivers from hell... i was not able to get either the binary drivers...