Appeal 2007-2130
Application 10/141,222
continually updated for use by the management information system in this
reference. These elements are charged with continuously updating the
nature of the nodal elements (NE) shown to exist physically and initially in
figure 1 and among the other figures as object oriented elements as well as
physical elements. In this respect, the reference clearly relates to the
corresponding aims of the disclosed and claimed invention.
Moreover, figures 8 and 9 directly relate to the updating requirement
of the claimed invention before us as well as the updating requirements in
Taghadoss. According to figure 8, the network management system collects
from each respective nodal element in a passive sense data that has been
automatically sent by the node itself to the network management system and
in figure 9 those demanded (for collection from the relevant node, as
claimed). Thus, from the perspective of any dispute that exists between the
Appellant and the Examiner concerning the updating requirements of the
claims and this reference, it is clear to us that the reference teaches that the
claimed configuration update information is automatically supplied by the
nodal elements themselves and is demanded by the network management
system from the respective nodes.
Another major disputable element is the characterization of certain
information as “usage information.” With respect to this argued feature at
pages 5 and 6 of the Reply Brief, Appellant appears to ask us to read certain
disclosed features of usages from the Specification into the use of the term
usage information in the claims on appeal. We decline to read disclosed
features into the claims on appeal. With respect to this feature as well as the
labels attached to the collection criteria and collection instructions, the
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