Ex Parte Mogul - Page 9

                Appeal 2007-0663                                                                               
                Application 09/825,661                                                                         
                agree with the Appellant that "if the client determines that it already                        
                possesses [a] desired file," (First Reply Br. 9), it does not issue a request for              
                that file.  Because we also agree with the Appellant that "DRP avoids a                        
                redundant download by a client not issuing a GET request to a server for a                     
                file that the client already possesses," (First Reply Br. 9), we disagree with                 
                the Examiner that "DRP would inherently have to cancel the request in order                    
                to avoid the redundant download."  (Answer 14.)                                                

                      Turning to He, we disagree with the Examiner that "the abort request                     
                is sent to the server for the express purpose of stopping the transmission (i.e.               
                stopping sending the remaining portion of the response) and thus preventing                    
                the redundant download."  (Answer 15.)  Because "the server will not send a                    
                version and other data to client A," (FF 15), in response to an abort request,                 
                the server has no response to stop sending.  In other words, the client uses                   
                the abort request to cancel its request for a version and other data before any                
                part of a response thereto can be sent.                                                        

                                             VI. CONCLUSION                                                    
                      Because DRP avoids a redundant download by not issuing a request                         
                for a file that the client already possesses, and He uses an abort request to                  
                cancel its request for a version and other data before any part of a response                  
                thereto can been sent, we are unpersuaded that teachings from DRP or He                        
                would have suggested stopping the sending of the remaining part of a                           
                response to a request for data.                                                                




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