Appeal No. 2001-2127
Application No. 08/660,730
and when this condition is satisfied, the message is transferred
to the server on the transport network, whether or not the server
is available. This interpretation is even more reasonable when
read in light of the next claimed step wherein the message is
stored in a local memory queue on the local platform when the
client and server are located on the local platform and the
server is unavailable. Taken together, the "transferring" and
"storing" steps strongly imply that when the client and server
are located on the same local platform and the server is
unavailable, then the message is stored in a local memory queue
while, if the client and server are not located on the same local
platform, then the message is always transferred to the server on
the transport network whether or not the server is available.
While the claim language could have been made clearer in this
regard, we hold that these limitations are, implicitly, part of
the instant claimed subject matter and will not sustain the
examiner's rejection based on our interpretation.
Since none of the applied references teach or suggest always
transferring the message to the server when the client and server
are not located on the same local platform, whether or not
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