Ex Parte APACIBLE et al - Page 6




          Appeal No. 2002-2297                                                        
          Application No. 08/980,585                                                  


          perform logging according to independent criteria or, for that              
          matter, perform any logging function at all.                                
               We recognize that the Examiner (Answer, pages 4 and 11) has            
          clarified the stated position concerning the alleged                        
          correspondence of Abraham’s disclosure to the claimed logging               
          modules by calling attention to the “logging threads” discussed             
          at columns 46 and 47 in Abraham and illustrated in Figure 23.  In           
          our view, the Examiner at this point has correctly recognized               
          that it is the filter engine 78 in Abraham which is performing a            
          logging function.  We fail to see, however, where the Examiner              
          has established any support for the conclusion that Abraham’s               
          “logging threads” are logging modules which are designated by a             
          system administrator to perform logging according to selected               
          independent criteria, features which are present in each of the             
          independent claims 1, 5, and 11.  As asserted by Appellants                 
          (Reply Brief, page 2), from the disclosure of Abraham, the                  
          “logging threads” appear to be nothing more than transactions or            
          messages which are started by filter executive 76 and which are             
          common to any multi-threaded operating system.                              
               In view of the above discussion, it is our view that even              
          assuming, arguendo, that proper motivation existed for the                  
          artisan to modify the disclosure of Abraham in the manner                   

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