Appeal No. 2005-1243
Application No. 10/017,739
principal brief on appeal that McCreery does not gather data, all the while
recognizing at the top of page 2 of the reply brief that McCreery does
gather data to the extent recited in representative claim 1 on appeal.
It is noted that the claimed “a presence” is not defined to be any
type of structural or software element in the claims on appeal and may be
physically located anywhere on the broadly defined computer network of
this claim. It appears then that even in McCreery and the claimed the
presence, any gathering function may take place at any point on the
Internet, on any local area network associated with the Internet, and even
internal to the Internet analyzer itself such as its network interface 240 in
Figure 2 and element 316 in Figure 3 as well as the remote access
interface 310 in Figure 3. The various nodes or remote computers
associated with them in McCreery process, send, and otherwise gather
data which are intercepted or captured (answer page 10) in McCreery’s
analyzer. The assertion at page 7 of the principal brief on appeal that
claim 1 requires the heterogeneous data not be intercepted between nodes
of computers as in McCreery is misplaced since such a feature is not
recited in claim 1 on appeal.
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