Ex Parte Heerdt - Page 7



            Appeal No. 2006-1252                                                        Page 7              
            Application No. 10/310,886                                                                      


            monitor and/or control the fluid dispensing devices of Whitmore comes from                      
            Scherer.  The rejection of claim 1 is sustained.                                                
                   With respect to claim 2, appellant (brief, p. 11) argues that the examiner has           
            failed to specify where in the references the recited feature of the network server             
            having a unique address recognizable in the network for allowing a user to access               
            said network server by incorporating said unique address in a request sent to said              
            network server might be found or suggested.  In response, the examiner states, on               
            page 6 of the answer, that                                                                      
                         Whitmore's mention of the use of the internet with a link                          
                         (32) to an “internet web site'' (see col. 3, lines 8 and 9) at                     
                         the very least, imply such a unique address being used.                            
                         Such a system does not work without an internet address,                           
                         as is the standard way of accessing sites on the internet.                         
                         Scherer also discloses use of TCP/IP (transmission                                 
                         control protocol/internet protocol) as well as other well                          
                         known protocols such as HTTP and SMTP, for example,                                
                         which utilize a similar address format.                                            

                   Appellant has not rebutted the examiner’s statement by explaining why the                
            disclosure alluded to by the examiner would not have at least been suggestive of                
            the feature highlighted by appellant.  The rejection of claim 2 is thus sustained.              
                   With respect to claim 3, appellant argues that the examiner has failed to                
            specify where in the references the “static and dynamic information” feature is                 
            found or suggested (brief, p. 12).  In response, the examiner contends, on page 6 of            
            the answer, that Whitmore’s interface shows static information, such as calibration             







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