Ex parte TSUKAHARA - Page 7




          Appeal No. 1997-0240                                                        
          Application No. 08/163,761                                                  


               Upon careful review of the applied prior art in light of               
          the arguments of record, we are in agreement with Appellant’s               
          stated position that the proposed combination of the admitted               
          prior art and Parad does not make obvious the claimed subject               
          matter.  In our view, the Examiner has combined the general                 
          teachings of a resource management system in Parad and a                    
          client server communication system in the admitted prior art                
          in some vague manner without specifically describing how the                
          teachings would be combined.  This does not persuade us that                
          one of ordinary skill in the art having the references before               
          her or him, and using her or his own knowledge of the art,                  
          would have been put in possession of the claimed subject                    
          matter.                                                                     
               For example, the Examiner relies on a passage at column                
          9, lines 19-34 of Parad for disclosing the feature of                       
          redirecting originally scheduled functions of an abnormally                 
          operating or overloaded client machine to another client                    
          machine.  However, this cited portion of Parad describes only               
          in general terms the provision of alternative action choices                
          to an operator according to an action list prioritized by                   
          rules according to a merit criteria.  The Examiner has not                  
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