Ex Parte Kitchen et al - Page 9




              Appeal No. 2005-0778                                                                                        
              Application No. 09/867,587                                                                                  

                     With respect to independent claim 52, we find that Hogan similarly teaches a                         
              system which corresponds to the methodology discussed above with respect to                                 
              independent claim 43, and we will sustain the rejection of independent claim 52 and                         
              dependent claim 53 which appellants have elected to group therewith.                                        
                     With respect to dependent claim 35 and 44, taking claim 44 as the representative                     
              claim, we find the formatting of the data for presentation of the billing information with                  
              the GUI to receive and pay bills would have been in response to the user selecting the                      
              option to view the bills and pay them.  The examiner relies upon columns 5 and 6 of                         
              Hogan as discussed above with respect to independent claim 43.  (Answer at page 11.)                        
              Appellants argue that the examiner appears to ignore the express limitations of the                         
              claims.  We disagree, and find that the examiner has merely addressed the broad claim                       
              limitations.  Therefore, this argument is not persuasive, and we will sustain the rejection                 
              of claims 35 and 44.  (The rejection of claim 41 was not sustained due to its                               
              dependency on independent claim 40.)                                                                        
                     With respect to dependent claims 37 and 46, the examiner maintains that the                          
              email notice includes information indicating the location of the available billing                          
              information on the network.  From our review of the teachings of Hogan, we find that                        







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