Appeal No. 2002-1797 Application 09/129,38 network connection. The network performance assessment ensures whether minimum hardware requirements are met, assesses the effect on performance from background or concurrent processes running on the user's machine, assists the user in selecting a zone (a group of servers) with the most desirable performance characteristics, and after entry into a zone, verifying that the use's connection has acceptable communications characteristics (col. 2, lines 21-29). THE REJECTIONS Claims 1-10, 13-18, and 21-25 stand rejected under 35 U.S.C. § 102(e) as being anticipated by Lipa. Claims 11, 12, 19, and 20 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Lipa and Official Notice that using agents or subagents to gather information was an old and notoriously well known method of gathering information. We refer to the final rejection (Paper No. 10) (pages referred to as "FR__") and the examiner's answer (Paper No. 16) (pages referred to as "EA__") for a statement of the examiner's rejection, and to the brief (Paper No. 15) (pages referred to as "Br__") and reply brief (Paper No. 17) (pages referred to as "RBr__") for a statement of appellants' arguments thereagainst. - 3 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007