Ex Parte Gordon - Page 6



          Appeal No. 2005-2422                                                        
          Application No. 09/760,905                                                  

          complexity of the interactive system disclosed by Stern, more               
          than one program must be devoted to running such an interactive             
          system (brief, page 16).                                                    
               Inasmuch as the system in Stern can go to other databases at           
          any time to gather data, appellant’s argument (brief, pages                 
          14 and 16) concerning Stern’s lack of access of other databases             
          in and out of the system (claim 8, 18, 21 and 22) is without                
          merit.                                                                      
               In view of the foregoing, the anticipation rejection of                
          claims 1 through 23 is sustained.                                           
               The obviousness rejection of claims 11 and 17 is sustained             
          because anticipation is the epitome of obviousness.  In re                  
          Pearson, 494 F.2d 1399, 1402, 181 USPQ 641, 644 (CCPA 1974).                
                                      DECISION                                        
               The decision of the examiner rejecting claims 10, 11, 16,              
          17 and 20 under the second paragraph of 35 U.S.C. § 112 is                  
          affirmed as to claims 11 and 17, and is reversed as to claims               
          10, 16 and 20.  The decision of the examiner rejecting claims               
          1 through 23 under 35 U.S.C. § 102(e) is affirmed, and the                  
          decision of the examiner rejecting claims 11 and 17 under                   
          35 U.S.C. § 103(a) is affirmed.                                             

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