Ex Parte Ladwig - Page 5




             Appeal No. 2005-1243                                                                              
             Application No. 10/017,739                                                                        

                   The filtering capability of McCreery is taught throughout this                              
             reference to be able to select/specify computer/nodes/events.  Indeed,                            
             specific packets may be captured representative of heterogeneous data or                          
             events.  Note column 5, lines 15-20; column 6, lines 65-67; column 8, lines                       
             1-9; column 12, lines 22-38 and column 13, lines 57-60.  These are                                
             consistent with appellant’s contemplation of events in the specification at                       
             pages 9, 11 and 12.                                                                               
                   Correspondingly, the captured data is sorted by nodes by the packet                         
             analysis section 220 in Figure 2 and the data sorter 340 in Figure 4c as well                     
             as the sorting and filtering module 362 in Figure 4d.  The compare                                
             functions are analogous to a sorting operation as discussed at column 8,                          
             lines 45-49 and column 14, beginning at line 17.  The application of rules                        
             feature at the end of claim 1 on appeal is taught by the use of the                               
             inference analyzer 358 in Figure 4d and the discussion at column 2,                               
             lines 43-46; column 5, lines 48-53 and column 7, lines 50-59.                                     
                   The additional assertion at page 7 of the principal brief on appeal                         
             that McCreery does not take any actions based on the events detected is                           
             misplaced.  Even as asserted by the examiner in the Statement of the                              
                                                      -5-                                                      





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