Ex Parte FINCH et al - Page 6




            Appeal No. 2001-1095                                                                              
            Application No. 08/622,806                                                                        


            independent claims.  Appellants argue that appellants do not claim a system that                  
            achieves a bidirectional communication path by passively looking backwards in a                   
            hierarchy, but instead claim a system that actively creates an object to perform the              
            communication.  (See reply brief at page 3.)  We agree with appellants and distinguish            
            the creation of objects for forming a communication path from the use of the hierarchy            
            to look backwards and determine relationships.                                                    
                   Appellants argue that the examiner has not addressed the language of the                   
            independent claims whereas the examiner has addressed the passive usage of Cowsar                 
            and Ellis of a virtual table and passing pointers, and the language of the independent            
            claims requires the first and second objects to form and complete a communication                 
            pathway between the parent and child processes.  We agree with appellants that the                
            examiner has not established a prima facie case of obviousness of the claimed                     
            invention.  Therefore, we will not sustain the rejection of independent claim 1 and its           
            dependent claims.  Since independent claims 9 and 13 contain similar limitations, we              
            cannot sustain the rejection thereof and their dependent claims.                                  










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