Ex Parte Nguyen - Page 4




                Appeal No. 2004-2267                                                                           Page 4                   
                Application No. 09/651,184                                                                                              


                               generating commands to remove data files from the temporary                                              
                       directory upon passage of the time delay.                                                                        


                       Claims 1-3, 5-10, and 13-21 stand rejected under 35 U.S.C. § 102(b) as                                           
                anticipated by U.S. Patent No. 5,999,943 ("Nori").  Claims 4, 11, 12, and 22 stand                                      
                rejected under 35 U.S.C. § 103(a) as obvious over Nori and U.S. Patent Application                                      
                Publ'n No. 2001/0011276 ("Durst").                                                                                      


                                                              OPINION                                                                   
                       Our opinion addresses the rejections in the following order:                                                     
                       •       anticipation rejection of claims 1-3, 5-10, and 13-21                                                    
                       •       obviousness rejection of claims 4, 11, 12, and 22.                                                       


                                 A. ANTICIPATION REJECTION OF CLAIMS 1-3, 5-10, AND 13-21                                               
                       Rather than reiterate the positions of the examiner or the appellant in toto, we                                 
                focus on the point of contention therebetween.  The examiner asserts, "[b]y checking                                    
                the waiting list to determined whether the predetermined wait time of the client has not                                
                elapsed, the server performs the claimed limitation of reviewing the time stamps to                                     
                determine if a predetermined time delay has passed (see col. 13, lines 25-50)."                                         
                (Examiner's Answer at 8.)  He finds, "[w]hen a client reads LOB data, changes that have                                 
                been made to the LOB data must be removed from the LOB data before the LOB data                                         








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