Ex Parte Clark et al - Page 13



         Appeal No. 2006-2700                                                       
         Application No. 10/705,456                                                 
         ordinarily skilled artisan would have readily been apprised of the         
         fact that by selecting a callable function from the list of                
         available functions in the back-end system, wherein the called             
         functions utilize parameters as a way to transmit a request to the         
         back-end system or a response to the requesting client, the API            
         must necessarily integrate a parameter processing module and a             
         response processing module as recited in representative claim 3.           
         In other words, the ordinarily skilled artisan would have aptly            
         recognized that the recited modules in representative claim 3 are          
         directed to computer codes stored in memory for performing the             
         recited functions. Consequently, the ordinarily skilled artisan            
         would have come to the conclusion that since Shapiro discloses             
         computer codes used in an API for performing the same functions as         
         those of the claimed modules, therefore, Shapiro’s program codes           
         must be equivalent to the claimed modules.  Additionally, we agree         
         with the Examiner that Fisher complements Shapiro by teaching that         
         the requested data pertains to a wireless device information, which        
         can be synchronized via an API with an online computer system.             
              As to the Jones reference,4 the teachings disclosed therein           
         are limited to reconciling data formats between clients and servers        
         to efficiently route the data. It is our view that since the               
                                                                                   
         4 The Examiner relied on Jones for its teaching of encapsulating function  
         calls and associated parameters. However, Appellants amended the claims to 
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