Ex Parte CIRNE et al - Page 8




              Appeal No. 2001-1478                                                                                        
              Application No. 08/853,539                                                                                  


              at the time of the invention to have new triggering events added.  Additionally, we find                    
              that these labels are not art recognized types of events and the language of the claims                     
              does not identify the detail, function or structure of these events.  Therefore, we agree                   
              with the examiner  that other labeled events without specific detail thereto would have                     
              been obvious additions to the combination with the open system.                                             
                     With respect to dependent claims 6-11, 17-22, 30, 31, 41, and 45, appellants                         
              argue that registering and unregistering is not taught or suggested by either Daniel or                     
              Gough.  (See brief at pages 7-8.)  We disagree with appellants.  The examiner relies                        
              on the notification and interface with the user and the system.  We agree with the                          
              examiner that the GUI of Gough allows the user to register and unregister the interest,                     
              for example, in a back-up being performed.  This may be triggered by the use of the                         
              clock at a scheduled time or by a separate event.  Here, the language of dependent                          
              claim 6 does not specify the type of the event.  Therefore, we agree with the examiner                      
              that Gough would have fairly suggested the registering and unregistering of an interest                     
              in an event, and we will sustain the rejection of dependent claims 6-11, 17-22, 30, 31,                     
              41, and 45.                                                                                                 
                     Appellants argue that the teachings of Daniel and Gough cannot be combined                           
              in the manner suggested by the examiner.  (See brief at page 8.)  We disagree with                          




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