Ex Parte Thomas et al - Page 5


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

               Graham’s service provider protocol adapter servlets on the invention’s communication proxy                          
               provided to a broker.  Therefore we find the appellants’ arguments unpersuasive and sustain the                     
               rejection as to claims 1 through 5.                                                                                 

                    As to claims 6, 10 through 12 and 17 through 19, we note that the appellants argue these                       
               claims as a group in p. 12 through 15 of the brief.  Accordingly, we select claim 6 as                              
               representative of the group.  The appellants essentially make the same arguments as to claims 1                     
               through 5, which are unpersuasive for the same reasons as above.  The appellants further argue                      
               that Graham does not download the proxy from a location specified by the metadata [Brief, p.                        
               14].  The examiner responds that this is necessarily inherent by operation of such a proxy                          
               [Answer, p. 13].                                                                                                    

                    We note that Graham’s USBIM operates by means of servlets, which are programs that must                        
               inherently be loaded, i.e. downloaded from their storage, to operate.  We note that the claims do                   
               not specify the source or destination of downloading, other than being from a location specified                    
               by the metadata.  Because Graham’s metadata necessarily specifies the protocol that must be                         
               used, USBIM inherently interprets this as a pointer to the location of the servlet’s storage for                    
               loading.                                                                                                            

                    Accordingly we are persuaded that the examiner is correct that Graham does download the                        
               proxy from a location specified by the metadata, this being necessarily inherent by operation of                    
               such a proxy.  Therefore we find the appellants’ arguments unpersuasive and sustain the                             
               rejection as to claims 6, 10 through 12 and 17 through 19.                                                          





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