Ex Parte Haynes et al - Page 4




             Appeal No. 2006-0773                                                                                 
             Application 09/845,362                                                                               

             The portions of Henson relied upon by the examiner disclose that 1) a configurator provides          
             merchandising recommendations for add-on options, 2) everything in the configurator is               
             specific to a given computer chassis and universe of options within that chassis, and 3) if a        
             user wants to switch to a different chassis the user must exit the configurator, go back to the      
             welcome page, and select a new chassis and its universe of options.                                  
                    The new universe of options presented to Henson’s user when the user switches to a            
             different chassis are not in the user’s shopping cart.  Henson does not disclose that when           
             the user switches to the different chassis, a server changes an attribute of a secondary item        
             in the shopping cart as required by the appellants’ claims.                                          
                    The examiner does not rely upon Chandramohan for any disclosure that remedies                 
             the above-discussed deficiency in Henson, and does not explain how the applied references            
             would have fairly suggested the above-discussed claim requirement to one of ordinary skill           
             in the art.                                                                                          
                    The examiner, therefore, has not carried the burden of establishing a prima facie             
             case of anticipation or obviousness of the appellants’ claimed invention.                            
                                                                                       DECISION                   
                    The rejections of claims 1-4, 14-22 and 24-28 under 35 U.S.C. § 102(e) over                   
             Henson, and claims 13 and 23 under 35 U.S.C. § 103 over Henson in view of                            
             Chandramohan, are reversed.                                                                          
                                                    REVERSED                                                      


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