Ex Parte CLARKE et al - Page 9




          Appeal No. 2002-1812                                                        
          Application 08/861,181                                                      

          teaching that updating file 78A occurs "in response to successful           
          receipt of the messages by the receiver program"; at best, it is            
          indirectly implied that some transport protocol must have                   
          verified the data sent from application 56A to application 56D.             
          Third, there is no express teaching of "transmitting ... a                  
          positive confirmation of [successful] receipt"; at best, the                
          reply indicating that 56D has completed its work indirectly                 
          implies that the message was somehow received successfully.                 
          Fourth, updating of files 78A and 78B is not "committing the                
          first unit of work" because no commit has been requested at this            
          point and because claim 1 requires that the first unit of work              
          corresponds to the messages by the sender program, not files on a           
          protected resource.  These differences are not addressed or                 
          explained away in the rejection.  We agree with appellants'                 
          argument (Br5) that Britton does not disclose confirmation of               
          performance of a first commit operation being required before               
          performing a second commit operation.  Nevertheless, we look at             
          Jefferson to see whether it cures the deficiencies of Britton.              
               Jefferson discloses rolling back the processing of messages            
          in a queue if the virtual receive time is less than the                     
          receiver's virtual time (p. 414).  However, we agree with                   
          appellants that there is no disclosure in Jefferson of the                  
          specific commit or backout processing sequence for logically                
          linked units of work including send and receive operations of a             

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