Ex Parte MUKHERJEE et al - Page 3




          Appeal No. 2002-1922                                                        
          Application No. 09/163,724                                                  


                                        OPINION                                       
               We have carefully considered the entire record before us, and          
          we will reverse the obviousness rejection of claims 1 through 8,            
          10, 11 and 14 through 24.                                                   
               Appellants argue (supplemental brief, pages 5 and 6) that:             
               Tso et al. does not teach selectively causing processing               
               to be undertaken at a client or a web server depending on              
               the client’s capability, much less does Tso et al. teach               
               causing the server data to be processed at the web site                
               when a data request from the client computer indicates                 
               that the web server is to process server data to render a              
               formatted data structure, regardless of the processing                 
               capability of the client computer.  Rather, Tso et al.                 
               teaches scaling, at an intermediate scaling server, the                
               compression of data from a web server to match the                     
               capability of a client.  The compression in Tso et al.                 
               (the only thing that evidently depends on the client’s                 
               capabilities) is always done at the intermediate scaling               
               server, and the compressed data, having been scaled                    
               appropriately, is then always sent to the client.  That                
               is, instead of being directed to . . . determining                     
               whether a client or a web server will process web data                 
               and also allowing the client to demand that the web                    
               server do the processing, Tso et al. is directed to                    
               something completely different, namely, determining how                
               much to compress data, which is always undertaken at the               
               scaling server of Tso et al. and then always sent to the               
               client.  Determining who does the processing is clearly a              
               much different thing than determining how much to                      
               compress data.                                                         
               We agree with appellants’ arguments.  Even if we assume for            
          the sake of argument that it would have been obvious to one of              
          ordinary skill in the art to provide Tso with the JDBC server and           
          port teachings of Purcell, the modified teachings of Tso would              
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