Ex Parte KEKIC et al - Page 4




             Appeal No. 2001-0999                                                                              
             Application No. 08/972,220                                                                        

                                                  OPINION                                                      
                   In reaching our decision in this appeal, we have given careful consideration to             
             appellants’ specification and claims, to the applied prior art references, and to the             
             respective positions articulated by appellants and the examiner.  As a consequence of             
             our review, we make the determinations which follow.                                              
                                               35 U.S.C. § 102                                                 
                   Appellants argue that the examiner’s rejection is erroneous and that the                    
             language of independent claim 1 requires specific functions and the client “configures            
             said managed element server to manage operation of said at least one manage [sic,                 
             managed] computer network element using a graphical user interface.”  Appellants                  
             argue that Daly does not teach that this function is performed by the client, but that            
             Daly teaches that the function is performed by Daly’s server.  (See brief at page 8.)             
             Appellants argue that the client-server of the claimed invention is a distributed                 
             architecture which allows the administrator to manage any network resource from                   
             anywhere in the network.  (See brief at page 8.)  Appellants argue that the examiner              
             maintains that Daly has a remote client executing on a platform independent                       
             administrative console, but has not provided any clear support for the position.  (See            
             brief at page 9.)  We agree with appellants.                                                      





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