Ex Parte Jakubiec - Page 8



            Appeal No. 2007-0340                                                                             
            Application 10/057,259                                                                           

            result, the term is broad enough to read on any indicator that represents the passage            
            of time.  The Examiner reads the recited “timer flag[s]” on the icons having                     
            superimposed Xs, which identify devices whose queries did not receive a “True”                   
            reply.  Specifically, the Examiner states that “if queries time out[,] [the] device is           
            not available and a[n] X is placed over the device signifying the device is not                  
            available” (Answer 14, para. A).  This statement is incorrect to the extent the                  
            Examiner means that the X is added when the timeout period expires prior to                      
            receipt of a “True” reply.  As noted above, the result of not receiving a “True”                 
            reply during the timeout period is that the X is not removed from the                            
            corresponding device icon.  Nevertheless, we agree with the Examiner that the X                  
            serves as a timer flag because the continued presence of an X on an icon indicates               
            that the query of the corresponding device failed to receive a “True” reply during               
            the timeout period. Appellant has not addressed the Examiner’s reliance on the Xs                
            as representing timer flags.                                                                     
                   Nor does Appellant contend that the Examiner is incorrect to read the “first              
            timer flag” and the “second timer flag” on two of the four network-system                        
            timeouts, i.e., ARP timeout, TCP SYN, ACK timeouts, and DNS query timeouts                       
            (Answer 4 and 14-15, para. B).  Instead, Appellant argues that these network-                    
            system timeouts fail to correspond to the recited timer flags because the GUI has                
            no control over  those timeouts and cannot detect or change their values (Reply Br.              
            3-4).  However, Claim 1 does not require that the scoreboard be capable of                       
            detecting or changing the timing function represented by the timer flags.                        

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