Ex Parte ZOMPA et al - Page 8



                    Appeal No. 2004-1421                                                                                                                                  
                    Application No. 09/471,674                                                                                                                            

                    and method for selecting alternative travel preparation messages                                                                                      
                    is present in Flake.  The examiner's attempt to somehow analogize                                                                                     
                    the selection of different travel preparation messages of the                                                                                         
                    type required in appellants' claims 1 and 5 on appeal with the                                                                                        
                    travel arrangement "recap" mentioned in Flake column 11, lines                                                                                        
                    61-67, is wholly unavailing and attempts to compare entirely                                                                                          
                    different and unrelated aspects of a member's travel preparation                                                                                      
                    arrangements.                                                                                                                                         

                    Like appellants, our review of the applied patents to Flake,                                                                                          
                    Robinson and Vance, leads us to conclude that the examiner has                                                                                        
                    attempted to reconstruct appellants' claimed subject matter using                                                                                     
                    a patchwork of unrelated bits and pieces of information from a                                                                                        
                    collection of patents having disparate goals or objectives                                                                                            
                    relating to travel planning, based upon impermissible hindsight                                                                                       
                    gleaned only from the present application and appellants' own                                                                                         
                    teachings.                                                                                                                                            






                                                                                    88                                                                                    




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007