Appeal No. 2006-0796 Page 4
Application No. 09/607,751
invention, either explicitly or inherently. In re Schreiber, 128
F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).
The examiner's position (answer, page 3) is that:
As per claim 1, Semret discloses a system for
bidding for a process execution over a heterogeneous
network, said system comprising a network server
adapted to receive a payload over the heterogeneous
network from a network client, wherein the payload
comprises specifications for a process execution
associated with a task, wherein the server is further
adapted to simulate the process execution, and provide
a bid solicitation for the process execution by
estimating computing resources required to carry out
the process execution associated with the task, and
provide a bid solicitation for the process execution
from a network host (see figure 1 and associated text;
¶10-13, 34-35).
Appellant’s position (brief, page 3) is that Semret fails to
teach or suggest a system with a network server configured to
provide a bid solicitation from a network host for a process
execution requested by a network client.
Appellant further asserts (brief, page 4) that Semret fails
to teach or suggest a network server that simulates a process
execution requested by a network client.
It is additionally asserted (id.) that Semret fails to teach
or suggest estimating computer resources required to carry out
the process execution.
At the outset, we note that Manual of Patent Examining
Procedure (Eight Ed., Rev. 2 May 2004) § 1208, which was in
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