Ex Parte Pandya - Page 3

                Appeal 2007-0760                                                                                
                Application 09/974,373                                                                          
                       a server application running on said server computer,                                    
                       wherein said client application subscribes to said server application                    
                and periodically sends a status signal to said server application in said                       
                disconnected environment so long as said client application continues to use                    
                resources of said server computer, and                                                          
                       wherein continued receipt of said status signal by said server                           
                computer informs said server application that said client computer is                           
                maintaining a connection with said server computer and wherein said status                      
                signal comprises data identifying resources currently being used by said                        
                client computer, and                                                                            
                       wherein said server application maintains statistics on client computer                  
                connections based on said status signals received from said client application                  
                such that said signals allow said server application to transparently track                     
                activity of said client computer in said disconnected environment.                              
                In rejecting the claims on appeal, the Examiner relied upon the                                 
                following prior art:                                                                            
                Barker  US 6,363,421 B2  Mar. 26, 2002                                                          
                Foley   US 6,487,590 B1  Nov. 26, 2002                                                          
                                                                                                                
                The Examiner rejected the claims on appeal as follows:                                          
                       Claims 1 through 32 stand rejected under 35 U.S.C. § 103(a) as being                     
                unpatentable over the combination of Barker and Foley.                                          

                       First, Appellant contends1 that the combination of Barker and Foley                      
                does not render claims 1 through 32 unpatentable.  Particularly, Appellant                      
                                                                                                               
                1 This decision considers only those arguments that Appellant submitted in                      
                the Appeal and Reply Briefs.  Arguments that Appellant could have made                          
                but chose not to make in the Briefs are deemed to have been waived.  See                        
                37 C.F.R. § 41.37(c)(1)(vii)(eff. Sept. 13, 2004).  See also In re Watts,                       
                354 F.3d 1362, 1368, 69 USPQ2d 1453, 1458 (Fed. Cir. 2004).                                     
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