Ex Parte Thomas et al - Page 4


               Appeal No. 2006-1314                                                                                                
               Application No. 09/823,084                                                                                          

                    The appellants argue that the examiner improperly equated Graham’s service provider                            
               protocol adapter servlets with the invention’s communication proxy provided to a broker by a                        
               service provider [Brief p. 7]; improperly equated Graham’s client lookup mechanism with the                         
               invention’s interaction mechanism between matching clients and service providers [Brief p. 8];                      
               and equated Graham’s duty of the client to provide a mechanism of interaction with the                              
               invention’s duty of the provider [Brief, p. 11].                                                                    

                    The examiner responds that, as to the first two arguments, Graham’s protocol adapter                           
               servlets are for both the client and service provider and are provided by the USBIM, being a                        
               registry service, and thus support reading Graham’s service provider protocol adapter servlets on                   
               the invention’s communication proxy provided to a broker [Answer, p. 8].  As to the first and                       
               third arguments, the examiner responds that claim 1 is silent as to who provides the                                
               communication proxy [Answer, p. 9].                                                                                 

                    We first note that, as indicated by the examiner, claim 1 is indeed silent as to who provides                  
               the proxy.  We next note that the USBIM client protocol adapter servlets listen for client lookup                   
               requests and look up a matching service provider [col. 2 lines 37 through 39].  This results in an                  
               interchange mechanism [col. 7 lines 32 through 34], i.e. a standing in by one for another, which                    
               is a proxy.  We further note that claim 1 requires that metadata describe only a proxy, a protocol,                 
               an uncharacterized type, and a proxy location, and that, as noted above, the request for service                    
               contains metadata, which is simply data characterizing data, describing the communication proxy                     
               associated with the request, that includes service (i.e a type), name (implicitly identifying                       
               location within USBIM) and protocol [col. 7 lines 35 through 39] and implicitly the proxy itself.                   
               Accordingly we are persuaded that the examiner is correct that it is appropriate to equate reading                  


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