Ex Parte Salem - Page 3

              Appeal 2007-0428                                                                       
              Application 10/210,361                                                                 
              analysis engine for receiving an incident and for analyzing rules and                  
              directives in a local cache to determine a recovery action.  Appellant further         
              contends that Miller does not teach a diagnostic engine for executing a                
              diagnostic module selected based on an incident to invoke a recovery action.           
              (Br. 12).  The Examiner, in contrast, contends that Miller teaches the                 
              claimed analysis and diagnostic engines as a database system having at least           
              one entry that matches a received incident and at least another entry that             
              provides a solution for the incident. (Answer 4, 8).  Consequently, the                
              Examiner concludes that Miller anticipates claims 1 through 20.                        
              We affirm.                                                                             
                                               ISSUE                                                 
                    The pivotal issue in the appeal before us is as follows:                         
              Under 35 U.S.C. § 102 (b), does Miller anticipate the claimed invention                
              when Miller teaches a software-driven system that utilizes a customer                  
              knowledge base, an engine and primitives for diagnosing and resolving                  
              problems?                                                                              
                                        FINDINGS OF FACT                                             
                    Appellant invented a remote data processing system and a computer                
              software for providing a recovery action for an identified incident.  First, a         
              utility module (500) uses the hints and symptoms2 entries as a knowledge               
              base (510) to update a local cache of rules (520) for decision making with             
              the latest information pertaining to an identified incident for which a                
                                                                                                    
              2 Appellant’s specification defines a symptom as data that uniquely                    
              identifies an incident.  The specification also defines a hint as output text          
              that provides the descriptive association between the incident and the cause.          
              Also, a hint describes the recovery action for the user.  (Specification 11, ll.       
              12-18).                                                                                
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