Ex Parte MOTOYAMA et al - Page 4




              Appeal No. 2002-2316                                                                                      
              Application No. 09/408,443                                                                                

                     We have studied the references applied against instant claim 16, with particular                   
              emphasis on the sections of Tarr pointed out by the examiner where the alleged                            
              teachings are deemed to reside.  We agree with appellants that no proper combination                      
              of the references would have suggested the claimed subject matter.                                        
                     Tarr discloses several embodiments (e.g., Figs. 1-4) directed to local monitoring                  
              of diagnostic, maintenance, or billing information that may be sent to a remote                           
              computer.  Information may be transmitted at predetermined times that are under local                     
              control (e.g., col. 5, ll. 14-22).  A remote computer may also poll a local system for the                
              required information, as when a local system has not transmitted its information at the                   
              predesignated time (e.g., col. 10, ll. 19-38).                                                            
                     Claim 16 requires, however, that the first, remote computer receives a message                     
              including information stored from sensors of a network device and determines if                           
              information obtained from the sensors is to be transmitted to the second, local                           
              computer.  If indicated, a communication containing information from the local sensors                    
              is transmitted from the remote computer to the local computer.  We find no suggestion                     
              in the references before us for the processing and transfer of information as required by                 
              the claim.  We thus do not sustain the rejection of claim 16.                                             
                     Claim 26, the only other independent claim on appeal, is in the form of a means                    
              plus function version of claim 16.  Although Frantz is added to the combination of                        
              Aikens and Tarr in the rejection of claim 26, the Frantz reference is apparently relied                   
              upon for its teachings relating to electronic or Internet mail messages.  Because Frantz                  
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