Ex Parte CLARKE et al - Page 10




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

          particular message transfer as recited in claim 1.  It is noted             
          that backing out a message occurs in response to the virtual                
          receive time being less than the receiver's virtual time, not in            
          response to an unsuccessful receipt of the messages, as claimed.            
          Jefferson does not cure the deficiencies of Britton.                        
          Accordingly, we conclude that the examiner has failed to                    
          establish a prima facie case of obviousness.  The rejection of              
          claims 1, 4, and 10 is reversed.                                            
               It is not clear why the examiner has rejected claim 10 over            
          Britton and Jefferson and not claim 8, since claim 8 is a "data             
          processing system" version of the "computer program product" in             
          claim 10.  Nevertheless, we have considered Ranade and Ferree and           
          find that they do not cure the deficiencies in the combination of           
          Britton and Jefferson.  Accordingly, we conclude that the                   
          examiner has failed to establish a prima facie case of                      
          obviousness.  The rejection of claims 2, 5, 8, and 9 is reversed.           














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