Ex Parte Ladwig - Page 7




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

             examiner contends that McCreery discloses an agent.  The discussion here                          
             merely asserts an agent is a software agent as defined by a handbook.  It                         
             is significant to note that appellant does not challenge  or assert here that                     
             McCreery does not teach such an agent or a software agent.  The examiner                          
             first asserts that the network interface 240 in Figure 2 and the                                  
             corresponding element 316 in Figure 3 within McCreery works on behalf of                          
             the analyzer, thus acting as an agent.  Specific teachings also exist of a                        
             software-based user agent at column 11, lines 29-51 and the so-called GET                         
             function discussed beginning at column 12, line 39, both of which appear                          
             to be conventional in well-known Internet protocols.                                              
                   In view of the foregoing, the decision of the examiner rejecting                            
             various claims on appeal under 35 U.S.C. § 102 and 35 U.S.C. § 103 is                             
             affirmed.                                                                                         










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