Ex Parte Wilkes - Page 4


           Appeal 2007-0456                                                                          
           Application 10/135,412                                                                    

                                               Issue 2                                               
                 Do the following claim limitations argued by Appellant (shown in italics)           
           read on Roberts in the manner asserted by the Examiner?                                   
                 determining at least one performance related function, based on at                  
                 least one previously input specification and type of the target system,             
                 to apply to the one or more requests, the target system comprising at               
                 least one of a storage system, a web-based search engine, a web site,               
                 and an information search service;                                                  
                 (See independent claims 29, 39, 50, 53, and 56).                                    

                                               Issue 3                                               
                 Do the following claim limitations argued by Appellant (shown in italics)           
           read on Roberts in the manner asserted by the Examiner?                                   
                 a controller for determining at least one performance related function              
                 (See independent claim 22).                                                         

                                               Issue 4                                               
                 Do the following claim limitations argued by Appellant (shown in italics)           
           read on Roberts in the manner asserted by the Examiner?                                   
                 determining the at least one performance related function based on at               
                 least one of the unit of the target system to which the each of the one             
                 or more requests are directed, performance of the unit of the target                
                 system to which each of the requests are directed and the origination               
                 of the one or more requests.                                                        
                 (See dependent claims 5, 15, 33, and 43).                                           

                                               Issue 5                                               
                 Do the following claim limitations argued by Appellant (shown in italics)           
           read on Roberts in the manner asserted by the Examiner?                                   

                                                  4                                                  

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