Ex Parte BERSTIS - Page 7




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

          prima facie case of anticipation and the 35 U.S.C. § 102                     
          rejection of claims 1-5, 7-15, 17-24 and 26-28 over Walls cannot             
          be sustained.                                                                
               Turning now to the 35 U.S.C. § 103 rejection of claims 6, 16            
          and 25, we note that the Examiner further relies on Freund for               
          teaching a socket for communicating between the local and the                
          remote data processing systems (non-final Office action, page 5).            
          Freund relates to a system and method for regulating access and              
          maintaining security of individual computer systems and local                
          area networks connected to larger open networks (col. 1, lines               
          25-30).  However, since there is no disclosure in Freund that                
          relates to a “means for evaluating the command to determine a                
          first type file of the first file” after a command to access a               
          first file is received, the deficiencies of Walls as discussed               
          above with respect to claims 1-5, 7-15, 17-24 and 26-28 cannot be            
          overcome.  Accordingly, we do not sustain the 35 U.S.C. § 103                
          rejection of claims 6, 16 and 25 over Walls and Freund.                      










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