Appeal No. 2004-0587
Application 09/054,304
claims bear a “heavy presumption” that they mean what they say
and have the ordinary meaning that would be attributed to those
words by persons skilled in the relevant art.” Tex Digital Sys,
Inc. v. Telegenix, Inc., 308 F.3d 1193, 1202, 64 USPQ2d 1812,
1817 (Fed. Cir. 2002).
We can not agree with the Examiner’s interpretation of this
claim language. The plain meaning of the terms would lead those
skilled in the art to conclude that the claim is setting forth a
one-way direct data transmission from the second server to the
client without normal handshaking protocols. We note that this
is consistent with Appellants’ specification. See pages 13 and
14 of Appellants’ specification.
Turning to the references, we note that the Examiner has not
provided any evidence of a finding of a one-way communication
between the second server to the client without the normal
handshaking protocols. Upon our careful review of each of the
references we fail to find this limitation as well.
14
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