Ex Parte Stawikowski et al - Page 5

               Appeal 2007-0558                                                                             
               Application 09/940,462                                                                       
                      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.                                                            

               Claims 18 and 19 recite similar limitations.  Considering all these                          
               limitations, the three independent claims require a WEB service or a WEB                     
               client to interact with an automation equipment's program, decode messages                   
               received via an IP network and encoded according to SOAP, and to encode                      
               messages that are to be sent via the IP network according to SOAP.                           

                                              IV. SUPPORT                                                   
                      "The 35 U.S.C. 102(e) critical reference date of . . . U.S. application               
               publications . . . entitled to the benefit of the filing date of a provisional               
               application under 35 U.S.C. 119(e) is the filing date of the provisional                     
               application with certain exceptions if the provisional application(s) properly               
               supports the subject matter relied upon to make the rejection in compliance                  
               with 35 U.S.C. 112, first paragraph.  M.P.E.P § 2136.03.III (8th ed., rev. 3,                
               Aug. 2005).5  "[T]he test for sufficiency of support . . . is whether the                    
               disclosure of the application relied upon 'reasonably conveys to the artisan                 
               that the inventor had possession at that time of the later claimed subject                   
               matter.'"  Ralston Purina Co. v. Far-Mar-Co., Inc., 772 F.2d 1570, 1575,                     
               227 USPQ 177, 179 (Fed. Cir. 1985) (quoting In re Kaslow, 707 F.2d 1366,                     
               1375, 217 USPQ 1089, 1096 (Fed. Cir. 1983)).                                                 


                                                                                                           
               5 We cite to the version of the Manual of Patent Examining Procedure in                      
               effect at the time of the Examiner's Answer.                                                 

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