Ex Parte Kappel et al - Page 10



                Appeal 2007-0226                                                                                  
                Application 09/823,866                                                                            
                age, and since there must be a program (object) on each server to                                 
                communicate, it is not apparent why the claims do not cover known server-                         
                to-server communications.  If Appellants intend some special meaning for                          
                the claim terms, it has not been set forth in the claims or expressly defined in                  
                the Specification.  Nevertheless, we have to address the rejection before us.                     
                       Since Schmidt discloses wrapper facades it discloses "objects."  Since                     
                Schmidt discloses communication over a network it necessarily teaches one                         
                skilled in the art that there are "objects" at both ends of the communication.                    
                Schmidt does not expressly teach "two objects in separate and distinct server                     
                locations" because it shows an example of a plurality of "clients" in                             
                communication with a "logging server" over a network.  Nevertheless,                              
                Schmidt is not limited to this illustrative example.  We understand the                           
                Examiner's rejection to be that the clients in Schmidt could be servers, or                       
                that a server could be added, in view of Konrad.  Since Konrad, Figure 2,                         
                shows two hosts in communication, where the local host can be a local                             
                multi-user system, i.e., a server, and the remote host is a server for several                    
                local hosts, Konrad discloses server to server communication.  Konrad's                           
                definition of server is different than Appellants’ usage of the term.  It may be                  
                that Konrad alone could meet the terms of claim 1 since the programs on the                       
                hosts can be considered objects.  However, one skilled in the art would have                      
                known to apply the teaching of server to server communication in Konrad to                        
                Schmidt.  The only difference is that the client in Schmidt serves a single                       
                user, instead of as a server that is shared by several users.  The motivation is                  

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