Reexamination Control No. 90/005,742
Patent 5,253,341
1 Claims 9-11 and 14 stand rejected under 35 U.S.C. § 103(a) for obviousness over Filepp
2 in view of “well known practices,” as evidenced by The Electronics Engineers' Handbook, the
3 numerous Gale articles, De Maine, Carr, Giltner, Notenboom, and LeGall.
4 The preambles of claims 9, 10, and 11 recite a "remote server," while the body of each
5 claim more broadly recites a "remote host processor," also referred to as "said remote host."36
6 The preambular "remote server" recitation will not be treated as further limiting "remote host
7 processor," because in these claims "the body of the claim fully and intrinsically sets forth
8 the complete invention, including all of its limitations, and the preamble offers no distinct
9 definition of any of the claimed invention's limitations, but rather merely states . . . the
10 purpose or intended use of the invention." Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d
11 1298, 1305, 51 USPQ2d 1161, 1166 (Fed. Cir. 1999). In any event, the preambular “remote
12 server” reads on Filepp's file server 205, upon which the examiner reads the claimed "remote
13 host processor."
14 Comparing claim 9 to Filepp's Figure 2, the examiner explains why he believes Filepp
15 satisfies all of the claim language with the exception of the last clause (“wherein said remote
16 host utilizes a RISC based processor and a UNIX based operating system”). 3d Action at 77,
17 para. 15(a)-(d); Final Action at 235-36, paras. 15(a)-(d). Specifically, he reads the claimed
36 In a computer network, the "host" computer is the computer that performs centralized
functions, such as making program or data files available to workstations in the network. Que's
Dictionary 223 (copy enclosed). In a local area network, a "server," which is synonymous
“network server,” is a computer that provides services for the users of a network; the server
receives requests for peripheral services and manages requests so that they are answered in an
orderly, sequential manner. Id. at 414 (copy enclosed).
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