Ex Parte BERSTIS - Page 3




          Appeal No. 2002-0614                                                         
          Application No. 08/976,888                                                   


               Claims 1-5, 7-15, 17-24 and 26-28 stand rejected under 35               
          U.S.C. § 102(e) as being anticipated by Walls.                               
               Claims 6,16 and 25 stand rejected under 35 U.S.C. § 103(a)              
          as being unpatentable over Walls in view of Freund.                          
               We make reference to the answer (Paper No. 23, mailed August            
          27, 2001)2 for the Examiner’s reasoning, and to the brief (Paper             
          No. 22, filed July 18, 2001) for Appellant’s arguments                       
          thereagainst.                                                                
                                       OPINION                                         
               In rejecting claims 1-5, 7-15, 17-24 and 26-28 under 35                 
          U.S.C. § 102, the Examiner refers to table 1 of Walls and equates            
          file-system definer 222 (col. 11, line 62 through col. 12, line              
          5) to the claimed means for evaluating the command to determine a            
          first type of the first file (non-final Office action, page 3).              
          The Examiner further characterizes the field name “Remote                    
          Location” listed in Table 1 of Walls (col. 17, lines 40-49) as               
          the claimed means for retrieving the first file from a remote                
          data processing system when the first file type indicates its                
          storage outside the local data processing system (id.).                      


               2  Although the Examiner does not refer to any particular one of the    
          previous Office actions for the complete text of the claim rejections, we find
          that a non-final Office action (Paper No. 13, mailed September 9, 2000)      
          contains the complete statement of the rejection, to which we refer.         
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