Ex Parte Yang-Huffman - Page 2

               Appeal 2007-2130                                                                             
               Application 10/141,222                                                                       


                      As best representative of the disclosed and claimed invention,                        
               independent claim 1 is reproduced below:                                                     
                      1.  A dynamic configuration method, comprising:                                       
                      receiving collection criteria categorizing a relevant node on a                       
               network;                                                                                     
                      receiving collection instructions indicating usage information to                     
               collect from the relevant node based on the collection criteria; and                         
                      providing configuration update information for the relevant node to                   
               collect the indicated usage information based on the collection criteria and                 
               the collection instructions.                                                                 
                      The following references are relied on by the Examiner:                               
               Sugihara  US 6,385,197 B1           May    7, 2002                                           
                                                             (Filed July 9, 1999)                           
               Taghadoss  US 6,944,657 B1  Sept. 13, 2005                                                   
                                                                 (Filed September 22, 1997)                 
                      Claims 11 through 19 and 31 through 33 stand rejected under                           
               35 U.S.C. § 101 as being directed to non-statutory subject matter.1  Claims 1                
               through 7, 9 through 15, 17 through 24, and 26 through 33 stand rejected                     
               under 35 U.S.C. § 102(e) as being anticipated by Taghadoss.  Along with                      
               Sugihara, Taghadoss is utilized to reject claims 8, 16, and 25 under 35                      
               U.S.C. § 103.                                                                                
                      Rather than repeat the positions of the Appellant and the Examiner,                   
               reference is made to the Brief and Reply Brief for Appellant’s positions, and                
               to the Answer for the Examiner’s positions.                                                  
                                                                                                           
               1 At pages 2 through 4, 8, and 9 of the Answer, the Examiner has withdrawn the rejection of claims 20
               through 28 as being directed to non-statutory subject matter within 35 U.S.C. § 101.  This has been
               confirmed at pages 3 through 5 of the Reply Brief.                                           
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