Ex Parte Gys - Page 4



                Appeal  2006-2723                                                                                  
                Application 09/891,264                                                                             


                              checks executes the byte codes of the service containers on the                      
                              control means CPUSC. The service computer module SCM                                 
                              may comprise an interpreter decoding and executing statements                        
                              of the service container's CONT1 program code. Additionally,                         
                              the service computer module SCM may dynamically link native                          
                              methods, manage memory or handle exceptions on behalf of the                         
                              service container CONTI.                                                             
                       (Specification, ¶ linking pp. 7-8.)                                                         
                       Therefore, the applications executed by the service computer are the                        
                service containers and the service computer further contains a service                             
                computer module which comprises an interpreter decoding and executing                              
                statements of the service container’s program code.  The relationship                              
                between these components is an organizational arrangement which                                    
                represents a hierarchical organization concept.  In that regard, there is no                       
                particular component that can be considered a “container” except for an                            
                application or software modules that contain or include software building                          
                blocks.                                                                                            
                       Similarly, Yates provides for software modules that comprise                                
                executable code or codes to be interpreted, which means that the SIBB-type                         
                modules still contain individual codes.  Although the word “encapsulate” is                        
                not explicitly mentioned by Yates, the description of the software module                          
                functionality (Yates, col. 3, ll. 5-20) provides for individual software                           
                building blocks forming the software module or being contained therein.                            

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