Ex Parte GARG et al - Page 2




          Appeal No. 2002-1797                                                        
          Application 09/129,38                                                       

                                     BACKGROUND                                       
               The invention relates to supporting an application process             
          executing in a distributed computing environment by monitoring              
          environmental information about the distributed computing                   
          environment and dynamically adjusting the operation of a                    
          middleware service (software that functions as a conversion or              
          translation layer or interface), such as a fault-tolerance                  
          service, in response to the environmental information.                      
               Claim 1 is reproduced below.                                           
                    1.  A fault-tolerance method for an application process           
               executing in a distributed computing environment, said                 
               fault-tolerance method comprising the steps of:                        
                    monitoring said application process with a                        
               fault-tolerance service;                                               
                    obtaining environmental information about the                     
               distributed computing environment;                                     
                    dynamically adjusting the operation of the                        
               fault-tolerance service in response to said environmental              
               information.                                                           
                                    THE REFERENCE                                     
               The examiner relies on the following reference:                        
               Lipa et al. (Lipa)       6,061,722         May 9, 2000                 
          (filed December 23, 1996)                                                   
               Lipa discloses a system and method for automated measurement           
          of network performance and hardware characteristics without                 
          interfering with normal network operations (col. 2, lines 8-20).            
          In particular, Lipa deals with multiplayer games played over a              

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