Appeal 2006-2504
Application 09/422,998
condition because Wookey already issues an alert indicating a predefined
condition exists in the computer system (Br. 6). Appellants further argue that
Wookey does not teach or suggest a reporting application that receives a
request from a client and queries the system as specified by the request
because Wookey’s monitoring system allegedly sends no request to the
monitored system and has no control over the tests that are run (Br. 7, ¶ 2).
The Examiner disagrees. The Examiner asserts that Wookey’s
monitor control software operates as a reporting application that runs
periodic diagnostic tests as queries to extract system attributes in order to
determine if a particular system attribute condition occurs. The Examiner
points out that Wookey teaches “the tests can be selectively enabled (or
disabled) according to the monitored system” (col. 16, ll. 19-20). The
Examiner further asserts it would have been well known to an artisan that a
test name must be specified to enable a specific test, and therefore it follows
that a query is specified by the enable request for a particular test. The
Examiner buttresses this position by pointing to Wookey’s ‘507 patent
(incorporated by reference) that teaches a Graphical User Interface (GUI)-
based administrator tool having an edit mode that enables creation of test
schema. The Examiner also broadly construes the claim term “query”
according to its plain and accustomed meaning as set forth in the Microsoft
Press Computer Dictionary, Third Edition 1 (Answer 23-25). Specifically,
the Microsoft Dictionary definition broadly defines a “query” as:
1 “Microsoft Press Computer Dictionary, Third Edition”, Microsoft Press,
1997, p. 392.
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