Ex parte POWERS, III - Page 5




          Appeal No. 1998-3399                                                        
          Application No. 08/239,138                                                  


               Claim 40 includes three steps, 1) providing a context                  
          module, 2) executing the module to perform a context check                  
          upon                                                                        





          occurrence of an event, and 3) providing the context check                  
          result                                                                      
          when needed by the process.  The examiner (Answer, page 3)                  
          states that the resource files of Nye are context modules and               
          XGetDefault() is an event which causes both the resource files              
          in the resource database to be evaluated and also the resource              
          value result to be provided when requested by an X client or                
          process.                                                                    
               Appellant argues (Brief, pages 6-7) that "Nye neither                  
          teaches nor discloses the context checking mechanism of the                 
          present invention, which enables applications to remain                     
          unmodified through changes in computing environments, as the                
          context manager performs the physical context checks using                  
          context modules and provides the results back to the                        
          requesting process."  However, Nye states (page 448) that                   
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