Ex Parte WANG et al - Page 3




               Appeal No. 2003-0513                                                                          Page 3                  
               Application No. 08/655,879                                                                                            


                       Claims 10-13, 15-18, 20-22, and 25 stand rejected under 35 U.S.C. § 102(b) as                                 
               anticipated by U.S. Patent No. 5,499,364 ("Klein").                                                                   


                                                            OPINION                                                                  
                       Rather than reiterate the positions of the examiner or the appellants in toto, we                             
               focus on a point of contention therebetween.  Based on a premise that "[i]t is the status                             
               of the sender event, including both local events and external events, instead of local                                
               events alone, that Klein uses to decide whether to send a notification," (Examiner's                                  
               Answer at 7), the examiner makes the following assertion.                                                             
                       Appellant's first component as claimed is met by the local agent of Klein                                     
                       having the local event, the second component as claimed by the external                                       
                       agent having the external event that depends on the local event ("receiver                                    
                       event"), and the third component as claimed by the external sender agent                                      
                       triggering the final truth value for the TrueCondition or FalseCondition of                                   
                       the receiving external event ("receiver event").                                                              
               (Id.)  The appellants argue, "the only delay of Klein occurs based on local events within                             
               a sending agent and not the state of a third agent."  (Appeal Br. at 8.)                                              


                       In addressing the point of contention, the Board conducts a two-step analysis.                                
               First, we construe the independent claims at issue to determine their scope.  Second,                                 
               we determine whether the construed claims are anticipated.                                                            










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