Appeal No. 2003-1113
Application No. 09/286,124
including message batching technique. Therefore it
would have been obvious to one having ordinary skill in
the art at the time the invention was made to combine
Noble-Itoh teachings in order to provide an efficiency
and reliability technique to delivery the batch message
via a network. [answer, page 8]
* * *
Examiner notes the prior art taught message
batching. It is clearly sending and receiving side can
send and receive a plurality of message from a first
plurality of objects as batch message [Itoh page 10].
[answer, page 8]
The examiner’s arguments indicate that the examiner
interprets Itoh as disclosing sending message batches between
objects across a network. As discussed above, however, what Itoh
discloses is using message batching when sending messages between
objects within an operating system to reduce the execution time
in the operating system. The examiner has not established that
Noble and Itoh would have fairly suggested, to one of ordinary
skill in the art, using message batching when sending messages
across a network. It reasonably appears that at most, Noble and
Itoh would have fairly suggested, to one of ordinary skill in the
art, using message batching when sending messages between objects
within each operating system on each side of Noble’s network.
We therefore conclude that the examiner has not carried the
burden of establishing a prima facie case of obviousness of the
appellants’ claimed invention.
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