Appeal No. 2005-0599
Application 09/734,805
The examiner argues that Hogan’s “repositories are
accessible through the TCP/IP protocol (Col. 11, lines 9-10)[1],
which is readable an [sic, on] ORB since it is a protocol that
permits access to programming objects through a brokering
interface (FIG. 4)” (answer, page 3).
The appellants argue (brief, page 8):
TCP/IP consists of two pieces of protocol:
Transmission Control Protocol (TCP) and Internet
Protocol (IP). TCP runs at Layer 4 [of the Open
Systems Interconnection (OSI) model] as a Transport
protocol, breaking large amounts of data into packets,
sequencing the packets, resending erred packets, etc.
IP runs at Layer 3 as a Network protocol, performing
routing and forwarding of data to their proper
destinations according to addresses (e.g. IP
addresses).
By contrast, CORBA is a total architecture for
enabling distributed program components to invoke each
other, without having to copy the components from their
original point of storage to be executed on a local
processor. So, CORBA has a specific, high level
protocol for programs needing to find other programs to
contact a Broker service. That high level protocol
runs at Layer 7 in the OSI model as an Application.
The examiner responds (answer, page 6):
However, Examiner has never stated that the TCP/IP
protocol discussed by Hogan et al. fully equates to the
CORBA system. Examiner’s findings are that the present
set of claims do not invoke CORBA at all. As a result,
appellant’s arguments that CORBA and TCP/IP are
1
1 This portion of Hogan states: “In the preferred
embodiment, the Repository System utilizes the TCP/IP protocol
suite for networking support and services.”
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