Ex Parte GARG et al - Page 3




          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.             





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