Ex Parte BUSEY et al - Page 8




              Appeal No. 2001-1057                                                                                        
              Application No. 08/741,470                                                                                  


                     Thus, we will sustain the rejection of claim 9 under 35 U.S.C. § 102 (e).  Further,                  
              since appellants present no separate arguments with regard to claims 17, 20, 25, 28,                        
              33, 36, 41, 44, 49 and 52 [see brief-page 10], we also will sustain the rejection of these                  
              claims under 35 U.S.C. § 102 (e).                                                                           


                     Similarly, since appellants “argument” as to claims 13, 16, 29, 32, 45 and 48                        
              [brief-page 10-11] is the same as for claim 5, we will also sustain the rejection of these                  
              claims under 35 U.S.C. § 102 (e).                                                                           


                     For the reasons supra, we will sustain the rejection of claims 5, 8, 9, 12, 13, 16,                  
              17, 20, 21, 24, 25, 28, 29, 32, 33, 36, 37, 40, 41, 44, 45, 48, 49 and 52 under 35 U.S.C.                   
              § 102 (e).                                                                                                  


                     With regard to the rejection of claims 6, 7, 10, 11, 14, 15, 18, 19, 22, 23, 26, 27,                 
              30, 31, 34, 35, 38, 39, 42, 43, 46, 47, 50 and 51 under 35 U.S.C. § 103, appellants                         
              argue, pointing only to claims 6 and 7, that, in addition to the reasons given with respect                 
              to claim 5, the claims are patentable over Anupam because it is not apparent from                           
              column 4, lines 30-32, of Anupam [cited by the examiner] that the chat region is a real                     
              time continuously open bi-directional communication region.  Appellants’ rationale is                       
              that the Hypertext Transfer Protocol (“HTTP”) server protocol of Anupam is a stateless,                     

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