Appeal 2007-0257
Application 10/047,123
computer, actions take place at a level unperceivable to a human
being. (Answer 3.)
2. Appellant points out that the term “in near real time” is defined in the
Specification, page 21, line 25-27, where it is said, “In this
specification, the term “near real time” means that an event occurs
promptly, or almost immediately, from the perspective of a human
being.”
3. Appellant further points out that “Newton’s Telecom Dictionary, 19th
Edition, … includes a definition of “near real time”, which states:
“Near real-time Not quite in real-time, but nearly so.”” (Br. 11.)
4. Appellant further mentions that he has identified 171 issued U.S.
patents that use the terms “near real time”, “near real-time”, or “near
realtime”. (Brief 11.) It is also noted that the term appears in the
Skinner reference cited by the Examiner. (Skinner, col. 1, l. 52.).
5. With the definitions in the specification and the dictionary, and on
viewing some of the other patents using the “near real time” phrase,
we find the meaning of the phrase discernable.
Rejection II: Findings with respect to the rejection of claims 1 - 50 under 35
U.S.C. § 103(a) for being obvious over Butler in view of Skinner.
.
6. Butler teaches a collaboration system for networked users, employing
a more efficient “per-host” command, control, and communications
structure to allow individual users to take control of the editing and
display of the document upon which the users are collaborating.
5
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