Ex Parte Cornelius et al - Page 12

               Appeal 2007-0928                                                                             
               Application 09/943,964                                                                       
               detection feature in which a data message flows “entirely” through a                         
               software stage component.  As discussed above, however, we find such a                       
               feature to be disclosed in Ahmed.                                                            
                      For the above reasons, since it is our opinion that the Examiner’s                    
               prima facie case of obviousness has not been overcome by any convincing                      
               arguments from Appellants, the Examiner’s 35 U.S.C. § 103(a) rejection,                      
               based on the combination of Ahmed and Sato, of independent claim 1, as                       
               well as dependent claims 2-8 not separately argued by Appellants, is                         
               sustained.                                                                                   
                      We do not sustain, however, the Examiner’s 35 U.S.C. § 103(a)                         
               rejection, based on the combination of Ahmed and Sato, of separately argued                  
               dependent claims 9-12.  Referring to our earlier discussion of Ahmed, we                     
               found that Ahmed’s ping and reply status message system satisfied appealed                   
               claim 1’s requirement of detecting whether a data message or its derivative                  
               flows entirely through a software stage component.  The language of                          
               dependent claims 9 and 10 is more specific, however, since the fault                         
               detection feature of claims 9 and 10 requires the determination of a faulty                  
               software stage component detection if the data message is present at the                     
               input but not the output of each of the first and second software stage                      
               components, respectively.   Similarly, the fault detection determination of                  
               dependent claims 11 and 12 requires the detection of the presence of the                     
               derivative of the data message at the input but not the output of each of the                
               respective first and second stage software components.  Since there is no                    
               disclosure in Ahmed that the ping and reply messages have the same data                      
               content, the features of dependent claims 9-12 are not satisfied.                            



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