Appeal 2007-0558
Application 09/940,462
Here, the Provisional '045 describes DaberNet as "[a]n object-oriented
software package enabling remote control and remote management of any
network device." (P. 1, ll. 1-3.) The Examiner has not explained, however,
whether he considers DaberNet to constitute a WEB service or a WEB
client. Nor has he shown that the software package interacts with an
automation equipment's program. Although DaberNet translates XML
messages into SNMP commands, (p. 2), the Examiner has not shown that the
messages are received via an IP network or encoded according to SOAP.
Nor has he shown that DaberNet encodes messages that are to be sent via an
IP network according to SOAP. Therefore, we reverse the anticipation
rejection of claims 1, 18, and 19 and of claims 2-11, 13-17, and 20, which
depend therefrom.
The Examiner does not allege, let alone show, that the addition of
Microsoft cures the aforementioned deficiency. Therefore, we reverse the
obviousness rejection of claim 12.
V. CONCLUSION
In summary, the rejection of claims 1-11 and 13-20 under § 102(e) is
reversed. The rejection of claim 12 under § 103(a) is also reversed.
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