Ex Parte SCHNIER - Page 7



             Appeal No. 2006-0979                                                                              
             Application No. 08/818,185                                                                        

             on the basis of the evidence as a whole and the relative persuasiveness of                        

             the arguments.  See Id.; In re Hedges, 783 F.2d 1038, 1039, 228 USPQ                              

             685, 686 (Fed. Cir. 1986); In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ                          

             785, 788 (Fed. Cir. 1984); and In re Rinehart, 531 F.2d 1048, 1052, 189                           

             USPQ 143, 147 (CCPA 1976).                                                                        

                                GROUP I, claims 1-9, 11 and 15-32                                              

             I.  We consider first the examiner’s rejection of the claims in Group I.  We                      

             note that the examiner has rejected claims 1-4, 6, 7, 9, 11 and 15-32 as                          

             being unpatentable over Hamilton in view of Kessler, and further in view of                       

             the examiner’s taking of Official Notice, relying upon Cheng and Phillips.                        

             However, the examiner has rejected claims 5 and 8, also within Group I, as                        

             being unpatentable over Hamilton in view of Kessler, and further in view of                       

             Tang.  Pursuant to our authority under 37 CFR § 41.37(c)(1)(vii)(2004), we                        

             will select independent claim 28 as the representative claim because it is the                    

             broadest independent claim in Group I.                                                            

                   Appellant notes that the independent claims in Group I (i.e., claims 1,                     

             7, 21 and 28) recite the basic concept of delivering an object reference for a                    

             Naming Context Object (NCO) to a client after that client has contacted or                        

             requested the object reference from a server [brief, page 8].  Appellant                          

             argues that this feature is not disclosed or suggested by the combination of                      




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