Ex Parte CLINE et al - Page 6




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


               From our understanding of Fulton, an application is                    
          registered with watchd and watchd monitors the application                  
          (column 2, lines 31-33 of Fulton).  Thus, we do have, in Fulton,            
          a registered component (the application) and a monitor (watchd)             
          for monitoring the registered component.  Moreover, there is a              
          failure recovery taught by Fulton as watchd restarts the                    
          application on a new process when it is detected that the                   
          monitored application is “dead or hung” (column 2, lines 33-35).            
          As the examiner recognized, however, Fulton fails to disclose               
          that the failure recovery is performed when the registered                  
          component’s termination is detected by a closing of the                     
          connection between the registered component and the system                  
          monitor.                                                                    
               There is not even an indication in Fulton that there is a              
          “connection” between watchd and the application but even if we              
          agree that there is some type of “connection” between them, in              
          the sense that watchd is monitoring the application, there is               
          certainly no disclosure or suggestion by Fulton of performing the           
          failure recovery services (in Fulton’s case, a restarting of the            
          application on a new process) when the application’s termination            
          is detected “by a closing of the connection,” as required by the            
          instant claims.                                                             

                                         -6–                                          





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