Appeal No. 1999-1583
Application No. 08/377,390
monitoring activity of a process P are
multiply distributed. In that, it has both
single and multiple nodes executing a single
and multiple processes, which in turn have
plural backup nodes. Thus, the monitoring is
independent of the processes... The fact that
each monitor means may be utilized to monitor
multiple events at different nodes as well as
different process, clearly demonstrate that
the monitors are independent of the processes
they monitor.
We have carefully reviewed the examiner’s comments but we
do not find them to be persuasive of anticipation in view of
column 7, lines 32-60, of Fuchs, where it is disclosed that
error detection monitor process 20 runs on the same node as
the processes being monitored. It would appear to us that a
monitor process being run on the same node as a monitored
process is subject to the same faults as the processes being
monitored and cannot be considered to be “independent,” as
claimed.
Further, we agree with appellants that Fuchs simply does
not teach the claimed control means for instantiating a new
export process if a message is received that one or more of
the service processes being monitored has failed and the
examiner has not explained where, in Fuchs, this limitation is
10–
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