Ex Parte SCHNIER - Page 12



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

             defined as an object that contains a set of “name bindings” in which each                         

             name is unique and every object has a unique object ID or reference [col. 8,                      

             lines 50-53].  We note that the appellant has conceded that it is well known                      

             for a Naming Context Object to be used to obtain object references for other                      

             objects [brief, page 9, ¶3].  However, we find that the use of a Naming                           

             Context Object to obtain object references for other objects fails to meet the                    

             language of the representative claim that specifically requires retrieving an                     

             object reference for a naming context object from a server apparatus [claim                       

             28].                                                                                              

                   We further note that the examiner has failed to set forth a convincing                      

             line of reasoning to establish why an artisan would have been motivated at                        

             the time of the invention to combine the Hamilton and Kessler references                          

             with the examiner’s finding that it is well known in the art that a Naming                        

             Context Object is located on the object name server [answer, page 4].                             

             Accordingly, because Phillips and Cheng fail to make up for the deficiencies                      

             of Hamilton and Kessler, we will not sustain the examiner’s rejection of                          

             representative claim 28.  We note that each of independent claims 1, 7, 21,                       

             and 28 recites the equivalent limitation of retrieving (or “delivering” or                        

             “creating” and “downloading”) an object reference for a Naming Context                            

             Object.  We agree with appellant that this limitation is not fairly taught nor                    

             suggested by the references relied upon by the examiner.  Because claims                          


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