Ex Parte CALLAGHAN et al - Page 12




                 Appeal No. 2003-1031                                                                                 Page 12                     
                 Application No. 09/050,841                                                                                                       


                 vendor's equipment.  To the contrary, the reference's invention operates "across distinct                                        
                 domains of the World Wide Web."  P. 4, l. 27.  "The World Wide Web . . .  is a large                                             
                 collection of computers," p. 1, l. 2, not all of which use the same vendor's equipment.                                          
                 Because Rosenberg's method operates across domains/servers that use equipment                                                    
                 from different vendor's, we find that its domains do not all share a proprietary protocol.                                       
                 Therefore, we affirm the rejection of claims 51 and 52.                                                                          


                                                  B. CLAIMS 10-17, 30-37, AND 47-49                                                               
                         Admitting that "Rosenberg fails to disclose using an intermediary application to                                         
                 provide said state information to at least one of said client application and said server                                        
                 application," (Examiner's Answer at 11), the examiner asserts, "Davis discloses in col 4,                                        
                 lines 37-40 and lines 55-58, Fig 5, intermediary application, client, receives request                                           
                 from server A and transmits information to server B."  (Supp. Examiner's Answer at 3.)                                           
                 The appellants argue, "the tracking program of Davis et al. is not disposed to receive                                           
                 transmissions exchanged between the client and the server, but instead simply                                                    
                 monitors the user's interaction (e.g., keyboard presses, mouse clicks) with the                                                  
                 client. . . ."  (Supp. Appeal  Br. at 15.)                                                                                       


                                                           1. Claim Construction                                                                  









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