Ex Parte Gys - Page 13



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

            can be either mobile devices or non-mobile devices (Figure 7, described at col. 7,             
            lines 26-44).                                                                                  
                  Therefore, we agree with the Examiner that the Beck disclosure is not                    
            limited to transmission between like computing devices.  It follows that we find               
            Appellant’s arguments unpersuasive because the Examiner has shown that the                     
            Beck disclosure is not limited to the narrow embodiment that Appellant relies upon             
            in arguing that the references solve different problems.                                       
                  Appellant further alleges that the combination of Yates and Beck will                    
            unavoidably change the principle of operation of the references (brief, page 16).              
            We observe that in support of this conclusion, Appellant uses the same factual                 
            characterization of the Beck reference that was used in the above argument.  Based             
            on our analysis of the references outlined above, and essentially for the same                 
            reasons asserted by the Examiner, we find no error in the combination of                       
            references.                                                                                    
               3. Arguments Related to Dependent Claims 2 and 4                                            
                  Regarding claims 2 and 4, Appellant alleges that there is nothing in Yates               
            which causes the terminal agent to send a notification of a condition, or a request            
            for service, to a server (reply brief, pages 5-6).                                             
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