Appeal No. 2004-0896
Application No. 09/751,774 Page 4
X-ray and shock wave systems. Soukal (column 1, lines 40-47)
teaches that:
at least a part of the operating and/or processing
data previously stored in the computing unit of the
operating means, i.e., the system’s specific technical
software, is not stored there anymore, but rather is
only implemented in the control means, which delivers
the software to the operating means only as needed,
such as in the startup of the operating means or the
like.
In the drawing figure, Soukal depicts an arrangement
employing a number of operating units, including intranet
connected units and external operating means (11) that require
use of a public network, i.e., the Internet, for connection. At
column 3, lines 29-34, Soukal further provides that:
[t]he communication between the operating units 4
and 6 and the control unit 8 ensues via an HTTP
protocol, so that the control unit 8 acts as an HTTP-
server, which places the necessary operating and/or
processing data, i.e., the respective software, at the
operating unit side, at one’s disposal as needed.
From the above passages, it is clear that Soukal is
concerned with software exchange and storage for use in the
operating means as argued by appellants (brief, page 7, first
full paragraph), not data acquired during a test procedure. The
examiner refers to column 1, lines 54-56 of Soukal for a teaching
of data transmission. However, as evident from the passages
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