Ex Parte SHISLER et al - Page 2




          Appeal No. 2002-0655                                                        
          Application No. 08/743,201                                                  


                    a design tool subsystem operable on a first computer that         
          creates a set of specifications in response to user input, the              
          specifications describing user-desired processing services to be            
          performed;                                                                  
                    wherein the specifications identify processing properties         
          for said processing services to define the execution of a batch             
          application;                                                                
                    a processing subsystem adapted to perform processing of           
          the batch application in response to the specifications; and                
                    a middleware subsystem providing communication of the             
          specifications from the design tool subsystem to the processing             
          subsystem.                                                                  
               The references relied on by the examiner are:                          
          Hinks et al. (Hinks)     5,678,039           Oct. 14, 1997                  
                                             (filed Sept. 30, 1994)                   
               Claims 1 through 3 stand rejected under 35 U.S.C. § 102(e) as          
          being anticipated by Hinks.                                                 
               Claims 4 through 29 stand rejected under 35 U.S.C. § 103(a) as         
          being unpatentable over Hinks.                                              
               Reference is made to the briefs (paper numbers 19 and 22) and          
          the answer (paper number 20) for the respective positions of the            
          appellants and the examiner.                                                
                                        OPINION                                       
               We have carefully considered the entire record before us, and          
          we will reverse the anticipation rejection of claims 1 through 3,           
          and the obviousness rejection of claims 4 through 29.                       

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