Ex Parte Clark et al - Page 8



         Appeal No. 2006-2700                                                       
         Application No. 10/705,456                                                 
              plurality of generic executable service functions wherein             
              said function-specific parameters are associated with one of          
              said generic executable service functions,’ and ‘a response           
              generating module for generating a function-specific                  
              response from one of said generic executable service                  
              functions, wherein said function-specific response is                 
              associated with one of said generic executable service                
              functions and includes said device information,’ as is                
              claimed in claim 3 of the present invention                           
                                                                                   
              In order for us to decide the question of obviousness, “the           
         first inquiry must be into exactly what the claims define.” In re          
         Wilder, 429 F.2d 447, 450, 166 USPQ 545, 548 (CCPA 1970).                  
         “Analysis begins with a key legal question-- what is the                   
         invention claimed?”...Claim interpretation...will normally                 
         control the remainder of the decisional process.” Panduit Corp.            
         v. Dennison Mfg., 810 F.2d 1561, 1567-68, 1 USPQ2d 1593, 1597              
         (Fed. Cir. 1987).                                                          
              We note that representative claim 3 reads in part as                  
         follows:                                                                   
                        a plurality of generic executable service                   
                   functions callable by any of the plurality of vendors            
                   to facilitate delivery of a plurality of heterogeneous           
                   data services;                                                   
                        a parameter processing module for processing                
                   function-specific parameters, including device                   
                   information for a wireless mobile device, for one of             
                   said plurality of generic executable service functions           
                   wherein said function-specific parameters are                    
                   associated with one of said generic executable service           
                   functions; and                                                   
                        a response generating module for generating a               
                   function-specific response from one of said generic              
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