Ex Parte BANAVAR et al - Page 3



         Appeal No. 2004-1082                                                       
         Application No. 09/106,166                                                 

              Reference is made to the briefs and answer for the                    
         respective positions of appellants and the examiner.                       
                                      OPINION                                       
              A claim is anticipated only when a single prior art                   
         reference expressly or inherently discloses each and every                 
         element or step thereof.  Constant v. Advanced Micro-Devices               
         Inc., 848 F.2d 1560, 7 USPQ2d 1057 (Fed. Cir. 1988); RCA Corp. v.          
         Applied Digital Data Systems, Inc., 730 F.2d 1440, 221 USPQ 385            
         (Fed. Cir. 1984).                                                          
              With regard to the anticipation rejection based on Alonso,            
         as it is applied to independent claim 1, the examiner contends             
         that Alonso teaches, at column 2, line 20, through column 3, line          
         67, a system including a plurality of distributed sites wherein            
         each site is adapted to run at least one application (a database)          
         and application state information is maintained at a plurality of          
         local (server computer) and remote (remote computers) sites.               
              The examiner identifies a first command sequence, with                
         commands, as receiving a request for an update (i.e., a                    
         modification) to the state information at a local site (a server           
         computer).  The examiner contends that since the modifications             
         are “updates,” Alonso discloses generating an update to the state          
         information maintained at the local site, in response to the               
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