Appeal No. 1998-0718
Application No. 08/400,779
that neither Haswell-Smith nor Will teaches the chain of
monitoring programs as recited in the claims. Appellants also
argue that Haswell-Smith and Will come from non-analogous art
areas and there would be no valid rationale for combining
their teachings [brief, pages 5-9].
Although some of appellants’ comments in the brief appear
to be directed to the invention of claim 1 which is not being
appealed, we nevertheless agree with most of appellants’
arguments as set forth in the brief. Specifically and most
critically, we agree with appellants that Will is completely
unrelated to the chaining of a plurality of monitoring
programs for monitoring execution of a software program. We
find the examiner’s attempt to interpret the claim language as
broad enough to be met by Will’s control modules to be
untenable. Will not only provides no basis for making the
modification of Haswell-Smith proposed by the examiner, but we
fail to see how the modification proposed by the examiner
actually results in the invention being claimed because Will
relates only to the monitoring of a plurality of data
structures, not software programs. The combination of
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