Ex Parte ATES - Page 7



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

          We do find, however, that the examiner’s basis for                          
          combining the teachings of Leighton with the teachings of Brendel           
          is not supported on this record.  Brendel teaches a web server              
          system in which the load on the system is balanced when a                   
          plurality of participating servers are used.  The load balancer             
          sends web requests to one of the participating servers which has            
          the requested web information.  Thus, the selected participating            
          server in Brendel always has the requested information.  The                
          claimed invention requires that the main server send the                    
          requested information to the participating server when the                  
          selected participating server does not have the requested                   
          information.  As noted above, since the selected participating              
          server in Brendel always has the requested information, there is            
          no reason for the main server to ever perform this function.                
          Despite this clear fact, however, the examiner proposes to modify           
          Brendel in the event that the requested information is not                  
          present at the selected participating server.  It is based on               
          this alleged happening that the examiner proposes to modify                 
          Brendel with the teachings of Leighton.  The examiner’s concern,            
          however, that Brendel needs to be modified to accommodate the               
          possibility that the selected participating server would not have           
          the requested information lacks merit because this condition                
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