Ex Parte Yang-Huffman - Page 5

                Appeal 2007-0256                                                                              
                Application 10/012,713                                                                        

                                                ANALYSIS                                                      
                      As our findings supra indicate, Haggard identifies at least one                         
                server/node in a network of servers, and autonomously or automatically                        
                configures a usage data application (i.e., the RCF program) to collect usage                  
                data from the identified server nodes without any assistance from any other                   
                part of the system 20 as required by claims 1, 13 and 18.  Haggard even uses                  
                a universal agent to collect the usage data as set forth in claim 19 on appeal.               
                Thus, the autonomous agent teachings of Boukobza are merely cumulative                        
                to teachings already present in Haggard.                                                      
                                         CONCLUSION OF LAW                                                    
                      The obviousness rejection of claims 1 to 4, 6 to 8, 13 to 16, 18 and 19                 
                is sustained based on the teachings of Haggard.  The obviousness rejections                   
                of claims 5, 9 to 12, 17 and 20 are sustained because appellant has not                       
                presented any patentability arguments for these claims apart from the                         
                argument presented for claims 1, 13 and 18.                                                   
                                                DECISION                                                      
                      The Examiner’s rejection of claims 1 to 20 is affirmed.                                 
                      No time period for taking any subsequent action in connection with                      
                this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).                                
                                                AFFIRMED                                                      

                kis                                                                                           
                HEWLETT PACKARD COMPANY                                                                       
                P. O. BOX 272400                                                                              
                3404 E. HARMONY ROAD                                                                          
                INTELLECTUAL PROPERTY ADMINISTRATION                                                          
                FORT COLLINS, CO 80527-2400                                                                   

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