Appeal No. 2002-1797
Application 09/129,38
Third, the examiner finds that Lipa is "dynamically
adjusting" the fault tolerance system because the list of zones
which can be selected is dynamically adjusted based upon the
results of the system measurement (EA10).
Appellants argue that the overall ratings of each available
zone are provided to the user for selection of a zone for game
play (RBr4). It is argued that the zone selection method is a
one-time assessment performed prior to the start of a game and is
not updated as play progresses (RBr4).
We agree with appellants. The determination of the overall
ratings of each zone prior to user selection of a zone is a
one-time occurrence and does not result in "dynamically
adjusting" anything. Moreover, even if the list was changed
dynamically, we fail to see how this meets the limitation of
"dynamically adjusting the operation [of a service]" since
adjusting a list (a thing) is not adjusting the operation of a
service (a function).
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