Appeal 2006-2723
Application 09/891,264
synonyms include, comprehend, embrace, involve mean to
contain within as part of the whole; include suggests the
containment of something as a constituent, component, or
subordinate part of a larger whole <the price of dinner includes
dessert>.
(emphasis omitted)
Therefore, taking the word “contain” to encompass the concept of
“include” is consistent with the ordinary meaning of the terms and not
unreasonable for this panel to assert that a block of executable code or a
module can “contain” a service independent building block (SIBB).
Therefore, consistent with the ordinary meaning of contain and include, a
software module of Yates is a container since it contains a SIBB.
Appellant further argues that Yates does not suggest the concept of
encapsulation of software building blocks in a software module (Request 3).
We note that Appellant merely contends that the software modules of Yates
are not containers, but fails to specify what a container is as defined by the
instant specification. Appellant’s Specification describes the words
“contain” and “container” as:
In the present case the applications executed by the service
computer SSC are service containers CONT1 and CONT2
delivered by a service server SSV via the connection CCONL.
Additionally, the service computer SSC contains service
computer module SCM, containing in the present embodiment a
so-called virtual machine, which is a software "execution
engine" that safely and compatibly after stringent security
3
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