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Appeal 2009-012273

Application 101635,397

The Examiner found that McAfee provided the distributed computing

environment and monitoring with maintenance tasks; and Disk Space

described a low disk space monitor as a specific type of monitoring that was

known to be required; and that Disk Cleanup described reducing file sizes

generally, which would have included log files. Ans. 4-6.

McAfee explicitly recites loading its software on a server in a client-

server network environment. FF 03. The Appellant appears to be arguing

that this is for storage only and that the software is actually executed on

clients. As the cited portion of McAfee is a licensing provision rather than

operating instructions, McAfee is silent as to whether execution occurs on

the server. But as a server is simply another computer of the type that

McAfee monitors, it was at least predictable to one of ordinary skill to run

utilities such as those in McAfee on such a server.

The Appellant does not contend otherwise, but merely argue the scope of

the licensing terms. The Examiner applied McAfee only to show that

monitoring software was known to be placed on a server in a distributed

computing environment. One of ordinary skill would have operated the

software to monitor any computer that exhibited the need for such utilities.

A server clearly requires disk cleanup by deleting and compressing files (FF

02) given the amount of data traffic that creates temporary storage files.

The Appellant also argues that the Examiner misstated as fact that

McAfee describes a server in a distributed computing environment. Appeal

Br. 16. McAfee's referral to a server that contains a program that is run on a

client computer (FF 03) describes a server in a client-server environment. A

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