Ex Parte Thomas et al - Page 3


               Appeal No. 2006-1314                                                                                                
               Application No. 09/823,084                                                                                          

               21, 2005) for the reasoning in support of the rejection, and to appellants’ brief (filed April 11,                  
               2005) and supplemental appeal brief (filed March 7, 2006) for the arguments thereagainst.                           

                                                              OPINION                                                              

                    In reaching our decision in this appeal, we have given careful consideration to appellants’                    
               specification and claims, to the applied prior art reference, and to the respective positions                       
               articulated by appellants and the examiner.  As a consequence of our review, we make the                            
               determinations that follow.                                                                                         

               Claims 1-21 rejected under 35 U.S.C. § 102(e) as being unpatentable as anticipated by Graham.                       
                    As to claims 1 through 5, we note that the appellants argue these claims as a group in p. 6                    
               through 12 of the brief.  Accordingly, we select claim 1 as representative of the group.                            

                    Graham describes a Universal Service Broker Interchange Mechanism (USBIM) as a                                 
               coordinated set of components that provide interoperability among service discovery protocols,                      
               having service provider protocol adapter servlets that listen for service advertising requests and                  
               look for matching service providers [col. 2 lines 22 through 35].  Thus, because each internet                      
               service that is registered within the USBIM exists, it must have been registered with the USBIM,                    
               further evidenced by the registration described col. 6 lines 41 through 49.  The request for                        
               service must necessarily contain metadata, which is simply data characterizing data, describing                     
               the communication proxy associated with the request, by virtue of the request itself.  This                         
               metadata includes service, name and protocol [col. 7 lines 35 through 39] and implicitly the                        
               proxy itself.                                                                                                       




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