Ex Parte SCHOFIELD - Page 9




                    Appeal No. 2001-2269                                                                                                                                  
                    Application No. 08/680,266                                                                                                                            


                    specification, page 3, and referred to on page 5 of the reply                                                                                         
                    brief.  We agree with the Appellant that the request to the                                                                                           
                    object is distinct from implementation after the server                                                                                               
                    application receives the request and the request is carried                                                                                           
                    through an implementation.  Therefore, we do not agree with the                                                                                       
                    Examiner's argument that "an implementation of the call to the                                                                                        
                    object" can be interpreted as creating a request to the object.                                                                                       
                              Upon our review of Sturges, we find that Sturges is not                                                                                     
                    directed to distributed object programming but instead is                                                                                             
                    directed to a dynamic memory management using an operating system                                                                                     
                    which is not object oriented.  Furthermore, we fail to find any                                                                                       
                    teaching in Sturges of automatically deallocating at least a                                                                                          
                    portion of the resources after implementation of a call to an                                                                                         
                    object as recited in Appellant's claims 19-30.                                                                                                        







                              In view of the foregoing, we have not sustained the                                                                                         
                    Examiner's rejection of claims 19-30 under 35 U.S.C. § 103.                                                                                           


                                                                      REVERSED                                                                                            

                                                                                    99                                                                                    





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