Ex Parte GUSLER et al - Page 2



          Appeal No. 2003-1515                                                        
          Application No. 09/364,014                                                  

          assigned risk level, various courses of action can be recommended           
          in order to reduce the risk to the system (Specification, page              
          13).                                                                        
               Representative independent claim 1 is reproduced below:                
               1.   A methodology for performing a risk assessment for                
          providing standardized and accurate risk indications for a                  
          computing system, comprising:                                               
               executing a first sub-system risk test on a system, wherein            
          the first sub-system risk test on the system is specific to the             
          first sub-system;                                                           
               receiving an output in response to executing the sub-system            
          risk test;                                                                  
               categorizing the output from a plurality of risk categories;           
               assessing a first risk level with the risk category of the             
          output; and                                                                 
               determining sub-system action based on the first sub-system            
          risk test and the first risk level.                                         
               The Examiner relies on the following references in rejecting           
          the claims:                                                                 
               Hill et al. (Hill)       5,047,977           Sep. 10, 1991             
               Skeie                    5,500,940           Mar. 19, 1996             
               Claims 1-9, 11-22 and 24-30 stand rejected under 35 U.S.C.             
          § 102(b) as being anticipated by Skeie.                                     
               Claims 10 and 23 stand rejected under 35 U.S.C. § 103(a) as            
          being unpatentable over Skeie in view of Hill.                              

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