Appeal No. 2001-0966
Application No. 08/852,660
Cir. 1983). The Examiner’s sole basis for interpreting Duxbury’s
transaction processing monitor as an application program is his own
proffered definition of an application program as any program which
performs a function, such as, in Duxbury’s case, steering requests
to a server. We find absolutely no support for any such definition
and, indeed, if this were correct there would be no distinction
between application programs and other programs, a result which, in
our view, one of ordinary skill would recognize as clear error.
We further find that Appellants’ asserted characterization
(Brief, page 11) of the transaction processing monitor (TP monitor
18) in Duxbury as “a mere software switch” in contrast to the
claimed “application program” to be consistent with the accepted
understanding of a TP monitor in the art. The ordinary and
accustomed definition of a TP monitor is a “control program that
manages the transfer of data between multiple local and remote
terminals and the application programs that serve them.” Computer
Desktop Encyclopedia, (9 Ed., Copyright(c) 1981-2001) (copyth
attached). Also attached to this decision are copies of excerpts
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