Ex Parte Pandya - Page 6

                Appeal 2007-0760                                                                                
                Application 09/974,373                                                                          
                7. Barker also teaches that the client computer dispatches a periodic                           
                heartbeat signal to the server to inform the server that the client is still                    
                online. (Col. 39, ll. 31-32.)                                                                   
                8.  Additionally, Barker teaches that the client sends a message to the                         
                server notifying the server that the client has ended the session. (Col. 39, ll.                
                41-54.)                                                                                         
                9.   Foley teaches a communication system for remotely managing the                             
                activities of a client computer on a server computer’s website.  (Abstract.)                    
                10. Foley also teaches that after registering with a server to start a session,                 
                a session manager2 tracks resources being used by the client. (Col. 4, ll. 38-                  
                40.)                                                                                            
                11. Additionally, Foley teaches that the client periodically dispatches                         
                heartbeat signals to the server to confirm that the client is still online using                
                associated resources of the server.  (Col. 4, ll. 49-52.)                                       

                                           PRINCIPLES OF LAW                                                    
                                       OBVIOUSNESS (Prima Facie)                                                
                       The Supreme Court in Graham v. John Deere, 383 U.S. 1, 17-18,                            
                148 USPQ 459, 467 (1966), stated that three factual inquiries underpin any                      
                determination of obviousness:                                                                   
                       Under § 103, (1) the scope and content of the prior art are to be                        
                       determined; (2) differences between the prior art and the claims                         
                       at issue are to be ascertained; and (3) the level of ordinary skill                      
                       in the pertinent art resolved. Against this background, the                              
                       obviousness or nonobviousness of the subject matter is                                   
                                                                                                               
                2 Foley describes a user session manager in Figure 4 as one having the                          
                primary function of maintaining a list of active client sessions and                            
                applications.                                                                                   
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