Appeal No. 2003-1225
Application No. 09/223,765
can manage browser requests to “user-independent, multi-threaded, persistent and
stateful secure processes....” Appellants’ position, as set out in the Brief, does not
appear to be based on the proposition that Carroll fails to describe a vault controller, or
fails to disclose the types of processes recited in instant claim 1. In any event, Carroll
teaches that the vault controller supports “secure end-to-end communication,”
“persistent vault programming” (col. 2, ll. 21-23), and “multi-threaded application[s]” (col.
6, ll. 17-18). “Stateful” refers to “[p]rotocols that maintain information about a user’s
session.” Newton’s Telecom Dictionary at 650 (2001). Carroll teaches that each web
browser session accesses its own storage area in the vault deposit server (col. 6, ll. 23-
25), which is a form of maintaining information about a user’s session. Further, the
vault controller is user independent, at least in the sense that it performs functions
independent of user commands.
On June 23, 2004 we performed a search for the term “vsSupervisor” using the
GoogleTM search engine (available at www.google.com). Surprisingly, the only hit for
the search term occurred in published (Feb. 19, 2004) U.S. Patent Application No.
2004/0034769, which purports to be a continuation of the instant application. We
compare that single hit with the number of hits for the search term “multi-threaded” --
“about 433,000.” A search of the U.S. Patent database (available at www.uspto.gov)
confirmed that the term “vsSupervisor” appears in none of the available issued patents.
A search of the published U.S. patent applications database confirmed that only the
above-noted published application contains the relevant term.
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