Ex parte YOSHIDA - Page 10




                 Appeal No. 2000-2091                                                                                                                   
                 Application 08/441,024                                                                                                                 


                 by the transaction processing control section 11 of servers A                                                                          
                 and B (Col. 4, lines 41-45 & 54-60).                                                                                                   
                          Next, we address the Examiner’s contention that                                                                               
                 Appellant’s claimed “client” acts as the server of Kobayashi                                                                           
                 when the client monitors the failed server and provides                                                                                
                 services.  Appellant provides the definition for “server” as                                                                           
                 “a computer or program that responds to commands from a                                                                                
                 client.”   Therefore, according to the definition, a client3                                                                                                                       
                 requests services from a server and the server provides the                                                                            
                 requested services.  We do not agree with the Examiner that                                                                            
                 any device that sends data to another, functions as a server.                                                                          
                 Notwithstanding their common goal of processing data, we find                                                                          
                 that clients and servers are defined as having distinct roles                                                                          
                 and capabilities that are not interchangeable.  Based on the                                                                           
                 definitions presented by Appellant, a server is ultimately                                                                             
                 responsible for storing and managing data as well as making                                                                            
                 resources available to clients in response to                                                                                          



                          3Microsoft Press Dictionary, 3rd edition, 1997, p. 400.                                                                       
                 Appellant’s definition is consistent with that found in                                                                                
                 Microsoft Press Dictionary, 2nd edition , 1994, pp. 75, 355,                                                                           
                 which accompanies this decision.                                                                                                       
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