Ex Parte SWIFT et al - Page 3



         Appeal No. 2004-0505                                                       
         Application No. 09/338,812                                                 

              means for displaying said analysis and recommendation to the          
         user.                                                                      

              The Examiner relies on the following prior art:                       
         Riggan et al. (Riggan)        5,898,673           Apr. 27, 1999            
         Waclawsky et al. (Waclawsky) 5,974,457            Oct. 26, 1999            
                                                 (filed Dec. 23, 1993)              
              Claims 1, 3-7, 9-13, and 15-24, all of the appealed claims,           
         stand finally rejected under 35 U.S.C. § 103(a) as being                   
         unpatentable over Riggan in view of Waclawsky.                             
              Rather than reiterate the arguments of Appellants and the             
         Examiner, reference is made to the Briefs1 and the Answer for the          
         respective details.                                                        
                                     OPINION                                        
              We have carefully considered the subject matter on appeal, the        
         rejection advanced by the Examiner and the evidence of  obviousness        
         relied upon by the Examiner as support for the rejection.  We have,        
         likewise, reviewed and taken into consideration, in reaching our           
         decision, Appellants’ arguments set forth in the Briefs along with         


              1 The Appeal Brief was filed April 29, 2003 (Paper No. 11).  In response
         to the Examiner’s Answer mailed July 30, 2003 (Paper No. 13), a Reply Brief
         was filed September 3, 2003 (Paper No. 14), which was acknowledged and entered
         by the Examiner in the communication dated September 30, 2003 (Paper No. 15).
                                         3                                          




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