Ex Parte Curtis et al - Page 3

                Appeal 2006-2085                                                                              
                Application 09/810,629                                                                        

           1    provider; wherein the acts of analyzing, generating, and providing are                        
           2    performed by a management service’, wherein the report is responsive to the                   
           3    outcome derived from analyzing the information on the service provider’s:                     
           4    1) characteristics (claim 1);  2) performance (claims 7 and 19); 3) security                  
           5    (claims 11 and 23); and 4) availability (claims 15 and 27).”  (Br. 4.)                        
           6          The Examiner contends (Answer 3) that Gershman does not                                 
           7    specifically disclose that the service providers are ASPs and/or ISPs.  To                    
           8    overcome this deficiency of Gershman the Examiner turns to Brockman for                       
           9    a suggestion of a management service that targets a telecommunications                        
          10    service provider.  The Examiner asserts that it would have been obvious to                    
          11    adapt Gershman's system to telecommunications vendors such as ISPs, as                        
          12    taught by Brockman.  The Examiner adds (Answer 7) that Gershman's use of                      
          13    the Internet and networked computing environment innately discloses                           
          14    multiple customers.                                                                           
          15                                                                                                  
          16          We AFFIRM.                                                                              
          17                                       ISSUE                                                      
          18          Have Appellants shown that the Examiner has failed to establish that                    
          19    the combined teachings and suggestions of Gershman and Brockman would                         
          20    have suggested “generating a report responsive to the outcome; and . . .                      
          21    providing the report to at least two clients of the service provider; wherein                 
          22    the acts of analyzing, generating, and providing are performed by a                           
          23    management service”, wherein the report is responsive to the outcome                          
          24    derived from analyzing the information on the service provider’s:                             



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