Appeal No. 2004-1082
Application No. 09/106,166
Appellants argue that Alonso’s optimistic and pessimistic
operating modes refer to update modes wherein shared data is
modified (column 10, lines 27-64, of Alonso), whereas the instant
claimed subject matter requires “notification” modes. Since
“notification” modes, by the description in the instant
specification, do not involve accessing or modifying data, and
the examiner does not contend that they do, appellants’ position
is that since the examiner has not adequately shown that the
optimistic and pessimistic operating modes of Alonso are
reasonably analogous to the claimed optimistic and pessimistic
notification modes, the rejection must fail.
We have reviewed the arguments of appellants and the
examiner and we have reviewed the instant specification for a
specific definition of optimistic and pessimistic “notification”
modes, but, frankly, we do not understand why the “confirmation”
in Alonso (e.g., column 10, line 63) may not be considered to be
a “notification,” as claimed. Clearly, whenever there is some
update, there is a confirmation, or notification, to that effect.
If appellants could point to a specific definition of the
terms “optimistic notification mode” and “pessimistic
notification mode,” perhaps we could ascertain the difference
between these modes and the “operating” modes of Alonso. But,
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