Ex Parte SINHA - Page 2




              Appeal No. 2006-0509                                                                     2               
              Application No. 09/425,088                                                                               


              configured to measure performance of the service implementation, and to modify an                        
              estimated capacity of the service provider based on the measured performance.                            
                     Claim 1 is illustrative of the claimed invention, and it reads as follows:                        
                     1. In a system having a client computer system and a service provider computer                    
              system programmed with a service implementation, an apparatus comprising:                                
                     a service level agreement manager disposed between the client computer                            
              system and the service implementation, the service level agreement manager                               
              comprising:                                                                                              
                            an admission controller configured to control admission of the client                      
                     computer system to the service implementation using a service level agreement;                    
                            a  performance measurement module in communication with the                                
                     admission controller and configured to:                                                           
                                   measure performance of the service implementation, and                              
                                   modify an estimated capacity of the service provider based on the                   
                     measured performance; and                                                                         
                            a specification module in communication with the admission controller and                  
                     with the performance measurement module.                                                          

                     The references relied on by the examiner are:                                                     
              Aronberg et al. (Aronberg)                6,117,188            Sept. 12, 2000                            
                                                                             (filed Apr. 27, 1998)                     
              Somers                                    6,243,396                   June   5, 2001                     
                                                                             (filed Apr. 15, 1998)                     
              Tunnicliffe et al. (Tunnicliffe)          6,272,110         Aug.  7, 2001                                
                                                                      (filed May 20, 1998)                             








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