Ex Parte Wilkes - Page 8


           Appeal 2007-0456                                                                          
           Application 10/135,412                                                                    

           reasonable interpretation of the claimed “type of target system” reads on Roberts’        
           disclosure of a real-time protocol (RTP) that indicates voice or video data intended      
           for particular types of target systems capable of processing the voice or video data      
           (Fig. 8 and Fig. 2, see also col. 8, ll. 40-46, col. 9, ll. 1-3, l. 47, col. 13, ll. 15-45).
                 We note that the patentability of each of independent claims 1, 11, 25, and         
           28 turns upon our findings regarding Issue 1. Because we find the preponderance           
           of the evidence supports the Examiner’s position on Issue 1, we will sustain the          
           Examiner’s rejection of independent claims 1, 11, 25, and 28 as being anticipated         
           by Roberts.                                                                               
                                         Analysis of Issue 2                                         
                 Appellant argues Roberts provides no express teaching that the endpoint             
           computer systems in Figure 2 are a storage system, web-based search engine, web           
           site, or information search service. Appellant further argues the Examiner has            
           failed to establish that such teaching is inherent in Roberts. Appellant asserts it       
           does not necessarily flow from Robert’s teaching of endpoint computer systems             
           that the computer systems include a storage system, web-based search engine, web          
           site, or information search service (Br. 25).                                             
                 The Examiner disagrees. The Examiner points to the Specification that               
           indicates a “storage system” is broadly any system that interacts with a client and       
           either stores or retrieves data, such as raw-storage systems and various types of         
           disk drives (Specification 5). Therefore, the Examiner concludes the endpoint             
           computer systems disclosed by Roberts are equivalent to the claimed “storage              
           system” (Answer 27).                                                                      
                 We agree with the Examiner that the language of the claim broadly but               
           reasonably reads on Roberts’ disclosure of multiple source and target computer            

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