Ex Parte CARTER et al - Page 3



          Appeal No. 2001-0584                                                        
          Application No. 09/034,067                                                  

          positions of appellants and the examiner.                                   

                                       OPINION                                        
               It is the examiner’s position that Janssen discloses the               
          instant claimed subject matter for the reasons set forth at pages           
          4-9 of the answer, wherein the examiner identifies the portions             
          of the reference believed to teach each and every claim                     
          limitation.                                                                 
               Appellants’ position is that while Janssen teaches a                   
          computer-based on-line commerce system, Janssen searches through            
          a database which stores a plurality of pre-assembled packages and           
          selects a package best suited to a client’s list of preferred               
          attributes.  According to appellants, this is in contrast to the            
          instant invention which assembles a package of related items.               
          Thus, it is appellants’ position that, unlike appellants’                   
          invention, Janssen does not assemble a package of related items             
          but merely searches for an appropriate pre-assembled package                
          which is already part of an existing database.                              
               Appellants also argue that the reference does not teach the            
          step of “finding servers” since the reference is directed to                
          searching a locally stored database in a kiosk and the entire               
          search takes place locally.                                                 
                                         -3–                                          




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