Ex Parte DEW et al - Page 2




          Appeal No. 2002-0884                                                        
          Application No. 08/852,507                                                  


               Claim 1 is illustrative of the invention and reads as follows:         
               1.   In a data processing system having a first autonomous             
               application program and having a second autonomous application         
               program, the improvement comprising;                                   
                    a third autonomous application program having means for           
                    describing interoperability of said first autonomous              
                    application program and said second autonomous                    
                    application program in human understandable form.                 
               The Examiner relies on the following prior art:                        
          Fults et al. (Fults)          5,327,529           Jul. 05, 1994             
               Claims 1-11 stand finally rejected under 35 U.S.C. § 102(b) as         
          being anticipated by Fults.  Claims 15-18 stand finally rejected            
          under 35 U.S.C. § 103(a) as being unpatentable over Fults.1                 
               Rather than reiterate the arguments of Appellants and the              
          Examiner, reference is made to the Briefs2, final Office action,            
          and Answer for their respective details.                                    


                                      OPINION                                         

               1 Although in the final Office action, the Examiner’s stated ground of 
          rejection of claims 15-18 included a reliance on the combination of Fults and
          Hickey (U.S. Patent No. 5,627,977 issued May 6, 1997), the statement of the 
          grounds of rejection of claims 15-18 at page 3 of the Answer relies on Fults
          alone.  Since the Examiner makes no mention of Hickey anywhere in the Answer,
          we consider the rejection of claims 15-18 to be based solely on Fults.      
               2 In response to the final Office action mailed February 3, 1999 (Paper
          No. 7), the Appeal Brief was filed June 7, 1999 (Paper No. 8).  In response to
          the Examiner’s Answer dated August 2, 1999 (Paper No. 10), a Reply Brief was
          filed September 28, 1999 (Paper No. 11), which was acknowledged and entered by
          the Examiner as indicated in the communication dated October 9, 2002 (Paper 
          No. 14).                                                                    
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