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Appeal 2009-012273

Application 101635,397

Christopher

Kline (Appellant) seeks review under 35 U.S.C.

134

(2002) of a final rejection of claims 1, 5-8, 11-14, 18-21, 24-26, and 28, the

only claims pending in the application on appeal. We have jurisdiction over

the appeal pursuant to 35 U.S.C.

6(b) (2002).

The Appellant invented a way of determining when to run maintenance

operations based on predetermined system criteria (Specification 4:s-9).

An understanding of the invention can be derived from a reading of

exemplary claim 1, which is reproduced below [bracketed matter and some

paragraphing added].

1. A method for automatically scheduling performance of

maintenance tasks to maintain at least one server in a

distributed computing environment, comprising:

[I] providing a distributed computing environment with a

plurality of servers, including said at least one server;

[2] monitoring server conditions on said at least one server

to dynamically detect at least one predetermined criterion

for performing at least one maintenance task

on said at least one server

Our decision will make reference to the Appellant's Appeal Brief ("App.

Br.," filed December 9, 2008) and the Examiner's Answer ("Ans.," mailed

March 10, 2009).

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