Ex Parte Stawikowski et al - Page 3

               Appeal 2007-0558                                                                             
               Application 09/940,462                                                                       

                            one or more remote devices running a computer program                           
                      or group of computer programs,                                                        
                            wherein the communications system is based on the                               
                      Simple Object Access Protocol (SOAP) for the purpose of                               
                      providing the remote device with supervision, display, control,                       
                      configuration or programming functions of the automation                              
                      equipment, and the communications system comprises, in the                            
                      automation equipment, at least one WEB service or one WEB                             
                      client which are capable of interacting with the program of the                       
                      automation equipment, of decoding messages received from the                          
                      IP network encoded according to the SOAP protocol and of                              
                      encoding according to the SOAP protocol messages to be sent                           
                      on the IP network.                                                                    

                                              B. REJECTIONS                                                 
                      Claims 1-11 and 13-20 stand rejected under 35 U.S.C. § 102(e) as                      
               anticipated by U.S. Patent Application Pub. No. 2002/0032790                                 
               ("Linderman").  Claim 12 stands rejected under 35 U.S.C. § 103(a) as                         
               obvious over Linderman and Microsoft, Frequently Asked Questions about                       
               XML.                                                                                         

                                                 II. ISSUE                                                  
                      The Examiner makes the following assertions.                                          
                      The provisional '045, while not explicitly referring to the T-                        
                      BOX element, discusses corresponding functionality that                               
                      supports and clearly describes the subject matter.  For example,                      
                      the provisional '045 states that "DaberNet software installed on                      
                      the server will run a parser filtering out the XML messages                           
                      intended for the DaberNet, and will translate these messages                          
                      into the necessary commands.''  Provisional '045, pg. 3 ¶ 2.  The                     
                      provisional '045 further states that the translation functionality                    


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