Appeal No. 2002-1797
Application 09/129,38
OPINION
The examiner finds that the operation center 101 monitors an
application process with a fault-tolerance service (FR2; FR5).
Appellants argue that there is no fault-tolerance service in
Lipa to adjust (Br3). It is argued that the operations
center 101 in Lipa does not provide "a fault-tolerance service
for monitoring said application process," as required by
claim 21, or "monitoring said application process with a
fault-tolerance service," as required by claims 1 and 22, but is
only tolerant of faults within itself (Br3-4).
The examiner responds that appellants mischaracterize what
the operations center entails (EA9):
The operations system manages the health rating of the
network. In response to the ratings that [the] user
receives, the user can be moved to a new server through
reconnect options, this is a fault-tolerant system because
it provides the user with options for connections on the
system networks by monitoring the system connections,
thereby preventing a system-wide failure, as well as local
failures. Furthermore, the environmental factors that
affect the network performance are monitored for changes and
compensated for; see col. 2, lines 7-20 and figs 1-4. The
Examiner maintains that the maintenance of multiple servers
for the access and use by end-users, wherein the network
performance is monitored and altered based upon the
efficiency of the connections, provides a fault-tolerance
method; see col. 8, lines 9-24.
The only portions of Lipa relied upon by the examiner as to the
independent claims are column 2, lines 7-20, and column 8,
lines 9-24.
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