Ex Parte Baudot et al - Page 3

              Appeal 2007-1784                                                                     
              Application 09/777,609                                                               
                    The Examiner rejected claims 1 to 13 under 35 U.S.C. § 102(e) based            
              upon the teachings of Baskey.                                                        
                    Appellants contend that “[b]ecause Baskey only discloses FTR-CRs               
              ‘100, 105’ that merely route IP packets, Baskey does not teach[,] disclose or        
              suggest hosting ‘a network connection’ as recited by amended Claim 1”                
              (Br. 6).                                                                             
                                              ISSUE                                                
                    Does Baskey teach replicating network connection status data of a              
              network connection hosted by the active process from the active process to           
              the standby process?                                                                 
                                       FINDINGS OF FACT                                            
                    The Examiner made a finding that Baskey teaches “replicating                   
              network connection status data of a connection hosted by the active process          
              from the active process to the standby process (i.e., the Synchronization            
              Manager ‘SM’ 220 of the active Fault Tolerance Recoverable TCP/IP                    
              Connection Router ‘FTR-CR’ 100 synchronizes the relevant internal data of            
              its local FTR-CR with the SM of the standby FTR-CR 105 and sends                     
              periodic updates to the standby FTR-CR 105 to maintain the configuration             
              and connection tables 106’-107’ of the standby FTR-CR 105 identical to               
              and synchronized with the connection tables 106-107 of the active FTR-CR             
              100) (Baskey, Figs. 1-2, C4: L54-67, C5: L67 - C6:L4 and C6: L35-50)”                
              (Final Rejection 3).                                                                 
                    As indicated supra, the Appellants contend that Baskey does not teach          
              the claimed invention because he is merely routing IP packets via TCP/IP             
              network connections (Br. 4 to 6).                                                    



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