Ex Parte ATES - Page 5



          Appeal No. 2004-1463                                                        
          Application 09/401,221                                                      

          actually made by appellant have been considered in this decision.           
          Arguments which appellant could have made but chose not to make             
          in the brief have not been considered and are deemed to be waived           
          by appellant [see 37 CFR § 41.37(c)(1)(vii)(2004)].                         
          The examiner has indicated how he finds the claimed                         
          invention to be obvious over the collective teachings of Brendel            
          and Leighton [answer, pages 3-11].  With respect to independent             
          claims 1 and 4, appellant essentially argues that 1) there is no            
          motivating suggestion that the teachings of Brendel can be                  
          incorporated with the teachings of Leighton as suggested by the             
          examiner, and 2) that the applied prior art fails to teach that             
          the main server requests over the Internet that the participating           
          server send the requested information over the Internet to the              
          client.  With regard to the latter point, appellant argues that a           
          WAN, as suggested by Brendel, is not equivalent to the Internet             
          [brief, pages 12-31].  With respect to the first argument, the              
          examiner responds that the motivation for combining the                     
          references resides in their mutual desire to make Internet                  
          communications more efficient.  With respect to the second                  
          argument, the examiner responds that a WAN and the Internet are             
          both types of communication mediums used [answer, pages 11-14].             

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