Appeal No. 2002-0294
Application No. 09/067,806
accounting logs. Based on the meaning of the claimed terms gleaned from the
specification, we hold that the formation of a page map and the formation of a user
session map includes at least the collection of data from server, proxy and accounting
logs, as disclosed.
Nowhere, in Bachman, do we find a collection of data from server, proxy or
accounting logs. The examiner contends that it is “inherent” in Bachman that there
is a collection of user data and a correlation of that data with user records (answer-
page 12).
Inherency requires that a certain thing must happen, with certainty. It is not
enough that that thing may happen. The examiner has cited nothing which convinces
us of anything in Bachman regarding collection of data from server, proxy and
accounting logs. Accordingly, Bachman has not been shown to disclose at least
forming a page map and forming a user session map, as those terms are employed in
the instant claims. Therefore, Bachman cannot be said to anticipate the instant claimed
subject matter.
The Crosskey reference discloses nothing to remedy the deficiencies of
Bachman.
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