Ex parte CHAPA - Page 10




          Appeal No. 1997-3104                                                        
          Application 08/221,124                                                      



          However, we fail to find that Moeller teaches a method for                  
          processing an API request generated by an application program               
          that is executing in a client terminal by a server as recited               
          in Appellant's claims 1 through 6.                                          
                    In the Examiner's answer, the Examiner argues that                
          the method claimed by the Appellant is inherent to Moeller.                 
          However, to establish inherency, the Examiner must show that                
          the missing descriptive matter is necessarily present in the                
          system described in the reference.  We fail to find that the                
          Examiner has met this burden.  In particular, Moeller's system              
          may be operated with the processors in parallel but we fail to              
          find the method in which one processor will interchange memory              
          data and instructions   with another processor in the                       
          particular method as recited in Appellant's claim.                          
          Furthermore, we fail to find that Moeller must operate in this              
          way to perform his disclosed wrapper for                                    


          enabling an object-oriented application to maintain virtual                 
          memory using procedural function calls.                                     



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