Ex Parte CHERNICK et al - Page 7




          Appeal No. 2001-2127                                                        
          Application No. 08/660,730                                                  


          appellants contend distinguishes over the combination of applied            
          references.  If appellants are referring to "storing the                    
          message . . . on the local platform when the client and                     
          server are located on the local platform and the server is                  
          unavailable . . .” (principal brief, sentence bridging                      
          pages 4-5), Tantry would seem to teach this.  Column 14, lines              
          65-67, of Tantry states that "[i]f no Application Server of the             
          type requested is available, the Communication Manager buffers              
          the request until one is available."  This would seem to imply              
          that Tantry buffers, or queues, the message when a server is                
          unavailable, whether or not the server is local or remote, and              
          does not buffer, or queue, a message when a server is available.            
          That being the case, Tantry does store a message on the local               
          platform when the client and server are located on the local                
          platform and the server is unavailable, as claimed.  It is true             
          that Tantry also implies that a message is stored on the local              
          platform when the client and server are not located together on             
          the local platform, but that is not precluded by the language of            
          the claim.                                                                  
               However, independent claims 1 and 11 also require the                  
          transferring of the message to the server via the RPC call on the           
          transport network when the client and server are not located on             

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