Ex Parte CLINE et al - Page 5




          Appeal No. 2002-1282                                                        
          Application No. 08/778,459                                                  


          indicates the registered process has terminated, are performed.             
          The examiner indicates that Fulton does not explicitly disclose             
          that the failure recovery is performed when the registered                  
          component’s termination is detected by closing of a connection              
          but the examiner finds that it would have been obvious                      
               to realize that Fulton teaches the failure recovery                    
               when the registered component termination is detected                  
               since Fulton teaches (col. 2, lines 10-56) that watchd                 
               monitors the application and when detects [sic] that                   
               the process is dead or hung, watchd restarts the                       
               application on a new process, and furthermore the                      
               detection would include closing of connection since he                 
               teaches watchd daemon that detects a dead or hung                      
          application, thus would detect a closing of the connection                  
          related to a dead or hung application (answer-page 4).                      

               For their part, appellants argue that the examiner has                 
          failed to take into account a specific claim limitation, viz.,              
          the monitoring of a registered component by means of a connection           
          between the registered component and the system monitor, and                
          performing the failure recovery services when the registered                
          component’s termination is detected by a closing of the                     
          connection.  In contrast, urge appellants, Fulton’s procedure is            
          to monitor a process either actively by polling or passively by             
          receiving a signal from the process (principal brief-page 3).               
               We agree with appellants.                                              


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