Appeal No. 96-1921
Application No. 08/225,158
“Bypass Send and Receive method.” Further, the preamble
indicates that a machine is executing three programs: 1. A
communications program VTAM. 2. A first application program.
3. A second application program. The preamble also indicates
that the Bypass Send and Receive method includes converting an
outgoing data stream from the first application program to an
incoming data stream for the second application program.
Thus, if we have three programs being executed, the recitation
of communication between two of them, and a recitation of a
bypass, it is clear that the third program, not a party to the
communication, i.e., the communications program VTAM, must be
the program being bypassed. Accordingly, in response to the
examiner’s queries, the claims are not silent as to what is
being bypassed, it is the communications program VTAM which is
being bypassed and, as to “what” is performing the bypassing,
the claim is a method claim and need not recite specific
structure. However, reference to the specification, at pages
16 et seq., and Figures 9 and 11, for example, clearly detail
a session manager program UOV which intercepts an OPEN
instruction from an application APPL, the application APPL
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