Appeal No. 2001-2578
Application No. 08/977,547
used by the recipient of a document for accessing and
manipulating documents which were sent to the recipient by the
“Binary File Delivery” (BFD) server (col. 13, lines 17-29).
Therefore, as pointed out by Appellants, Smith does not generate
the document at the server and actually sends the data related to
the document to the client where the document is generated.
With regard to the application layer connection recited in
all the claims, Appellants argue that the document delivery of
Smith does not relate to a communication concept that is done at
both the transport level and the application level whereas the
appealed claims are limited to communication at the application
layer (brief, page 18). Appellants further question the
Examiner’s interpretation of Figures 9 and 16 in Smith and assert
that the TCP/IP communication in Figure 9 is a part of transport
manager 114 at the transport layer and cannot be associated with
the HTTP protocol since the application interface of Figure 16
shows nothing related to TCP/IP (brief, pages 17 & 19).
In response, the Examiner relies on Column 6, lines 31-34 of
Smith and points out that the use of TCP/IP sockets are necessary
for connection to the network and communication between the
applications (answer, pages 20 & 21). The Examiner also asserts
that Appellants have not shown why Smith cannot use TCP/IP
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