Ex Parte BANAVAR et al - Page 4



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

         request for an update to the state information.  The examiner              
         cites column 9, lines 32-67, of Alonso for a teaching of                   
         generating a notification of the update to the application, i.e.,          
         confirmation of modifications.  Finally, the examiner identifies           
         column 10, lines 30-64, of Alonso, as teaching dynamically                 
         switching (i.e., the change in operating mode can ensue                    
         automatically) between an optimistic notification mode and a               
         pessimistic notification mode.                                             
              It is appellants’ view that Alonso fails to teach the                 
         claimed “dynamically switching between an optimistic notification          
         mode and a pessimistic notification mode.”  In particular,                 
         appellants contend that the examiner has erroneously analogized            
         the “notifications” of the instant claimed invention with the              
         “confirmations” and “information about the modifications of the            
         shared data” disclosed by Alonso.  At page 4 of the principal              
         brief, appellants argue that Alonso’s “confirmations” are like             
         acknowledgments in that they are performed synchronously in                
         response to a particular request or action which has been taken,           
         such as a modification of shared data, and that a confirmation is          
         always received by the party initiating the request or action.             
         Appellants contrast this to a “notification,” as used in the               
         instant invention, which is an autonomous message, from the                
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