Ex Parte Thayer et al - Page 2

               Appeal 2007-0210                                                                             
               Application 10/167,359                                                                       

                      Appellants’ invention relates to a system and method for sending and                  
               receiving software updates and other forms of data over a network between a                  
               server and client.  In the words of the Appellant:                                           
                            In accordance with one embodiment of the present invention, a                   
                      data management system comprises a processor adapted to receive a                     
                      transfer of an update.  The system also comprises an update manager                   
                      accessible by the processor and adapted to obtain a listing identifying               
                      each of a plurality of data packets corresponding to the update.  The                 
                      update manager is further adapted to access the listing to determine a                
                      transfer status of each of the data packets in the response to a partial              
                      transfer of the update.                                                               
                      Claim 1 is exemplary:                                                                 
                      1.  A data management system, comprising:                                             
                            a processor adapted to receive a transfer of an update; and                     
                            an update manager accessible by the processor and adapted to                    
                      obtain a listing identifying each of a plurality of data packets                      
                      corresponding to the update prior to a transfer of the update.                        
                                                                                                           
                      The prior art relied upon by the Examiner in rejecting the claims on                  
               appeal is:                                                                                   
               Doshi                                5,222,061                            Jun. 22, 1993      
               Dougall                             2003/0093485 A1               May 15, 2003               
                                                                    (filed May 15, 2002)                    
                      The Examiner rejected claims 1- 20 and 26-49 under 35 U.S.C. 103(a)                   
               for being obvious over Dougall in view of Doshi.                                             
                      Appellants contend that the claimed subject matter is not rendered                    
               obvious over Dougall in view of Doshi, for reasons to be discussed more                      


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