Ex Parte NIELSEN - Page 6




          Appeal No. 2001-0331                                       Page 6           
          Application No. 09/122,982                                                  


          as well as an indication of when the routines should be run.  For           
          example, a cron file may contain an entry that the backup routine           
          should be run at specified intervals.  In step 201(figure 2), the           
          backup process stores the client's data into a file.  The data to           
          be stored comprises the client's web site.  In step 203 (page               
          26), the backup routine encrypts the file containing the client's           
          data.  In steps 205 and 207, the source identifier is obtained              
          and a checksum operation is performed on the encrypted file to              
          create a meta-file.  In step 211, the backup routine converts the           
          meta-file into a format that can be e-mailed to the escrow                  
          computer 150.  The backup routine executes the "uuencode" command           
          to accomplish this task.                                                    
               From our review of appellants' specification, we find that             
          the term automatic refers to the backup of data, conversion of              
          the file into a format for e-mailing, and e-mailing the file to             
          the escrow computer, without intervention by the user.  37 CFR              
          § 1.75(d)(1) sets forth, in part, that:                                     
                    The claim or claims must conform to the invention                 
               as set forth in the remainder of the specification and                 
               the terms and phrases used in the claims must find clear               
               support or antecedent basis in the description so that                 
               the meaning of the terms in the claims may be                          
               ascertainable by reference to the description                          
               (underlining added).                                                   









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