Ex Parte 5253341 et al - Page 43




               Reexamination Control No. 90/005,742                                                                                   
               Patent 5,253,341                                                                                                       

          1    express teaching and motivation supplied by Row et al. (Col. 1, line 33-col. 2, line 22)."  3d                         
          2    Action at 81; Final Action at 239.  Dr. Koopman disagrees, arguing that whereas Filepp discloses                       
          3    a network which includes a mainframe-plus-personal computers (i.e., clients), Row teaches                              
          4    replacing an entire mainframe-plus-dumb terminals network with a workstation-plus-clients                              
          5    network and thus does not suggest "that a mainframe alone can be replaced by a microprocessor-                         
          6    based server in isolation."  2d Koopman Decl. at 169, para. 358.  This argument takes an unduly                        
          7    restrictive view of the disclosures of the two references.  The term "mainframe,"44 which appears                      
          8    only once in Filepp (at column 82, lines 16-2145), refers to the interactive computer network 10,                      
          9    including file server 205.  Thus, Filepp's network can accurately be characterized as either a                         
         10    mainframe-plus-clients network or a server-plus-clients network.  As a result, Row's teaching                          
         11    that present-day clients and servers usually run the DOS, MacIntosh OS, OS/2, or Unix                                  
         12    operating systems," col. 1, ll. 51-53, and that high-end machines include RISC-based DEC, HP,                          
         13    and Sun Unix workstations, col. 1, l. 68 to col. 2, l. 2, would have been understood as being                          
         14    applicable to Filepp's file server 205 as well as to the client machines (i.e., RS 400).                               
         15            In another argument for nonobviousness, Dr. Koopman notes that while Row credits                               
         16    UNIX workstations having RISC- or CISC-based microprocessor with an increase in                                        
         17    performance of greater than a factor of ten (Row, col. 2, ll. 7-9), Row also explains that I/O                         
                                                                                                                                     
                       44   Que's Dictionary explains at 285 (copy enclosed) that "a mainframe meets the                              
               computing needs of an entire organization, and a minicomputer meets the needs of a department                          
               within an organization."                                                                                               
                       45   These lines read: "The reception system 400 software is the interface between the user                    
               of personal computer 405 and interactive network 10.  The object of reception system software is                       
               to minimize mainframe processing, minimize transmission across the network, and support                                
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