Ex Parte GAASBECK et al - Page 8




          Appeal No. 2001-2369                                                        
          Application 08/728,422                                                      


          every command not requiring a network server.  The examiner’s               
          “finding” that a non-network server is inherent in Yu fails to              
          account for the requirement that this server must receive every             
          command not requiring a network server.  Additionally, the                  
          claimed invention requires that the emulation library be separate           
          from the network server and the non-network server.  Since the              
          examiner has not identified a specific non-network server in Yu,            
          it is impossible to determine that the “inherent” non-network               
          server is completely separate from what the examiner has                    
          identified as the emulation library of Yu.  Even if the applied             
          prior art teaches a non-network server and an emulation library,            
          the rejection fails to establish that these components are                  
          separate as claimed.                                                        















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