Ex Parte Gys - Page 8



            Appeal No. 2006-2723                                                                           
            Application No. 09/891,264                                                                     

            to the terminal agent either in the same container as the module, or in a different            
            container” (reply brief, page 3).                                                              
                  Appellant further points out that the “module” disclosed by Yates does not               
            contain anything, but is itself a building block of executable code. “[T]here is               
            nothing in Yates which corresponds to a container.  The modules are executable                 
            code portions and a combination of modules may comprise an executable service                  
            machine, no module is a ‘container’ of anything” (reply brief, page 4).                        
                  The Examiner’s answer presents a reasoned position as to the factual basis               
            for analogizing the “policies” and “module” of Yates to the claimed service                    
            component and service container.  There is no dispute that Yates discloses software            
            modules.  However, there is a dispute about whether the Yates software modules                 
            actually contain anything, or—specifically—whether they contain service                        
            independent building blocks (SIBBs).  Appellant states that the modules of Yates               
            do not contain anything, but are themselves building blocks of executable code                 
            (reply brief, pages. 3-4).  We agree with Appellant to the extent that the Yates               
            software modules are essentially building blocks of executable code, but we                    
            disagree with the statement that they do not contain anything.                                 


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