Ex Parte Yoakum - Page 9




           Appeal No. 2006-2574                                                                
           Application No. 10/331,706                                                          

           would have us apply to the instant claims and why any such                          
           definition would not be applicable to Kishinsky’s inherent                          
           disclosure that an agent’s skills or skill sets must be                             
           “registered.”                                                                       
                While appellant again makes the argument, at page 3 of the                     
           reply brief, that Kishinsky teaches that a programmer uses known                    
           programming techniques to assign skill sets to agents with the                      
           Petri Net, we again ask, how does the programmer make the                           
           assignment unless there is some previous “registration” of the                      
           skills of the agents?                                                               
                Since the examiner has presented a prima facie case of                         
           obviousness with regard to the claimed subject matter and                           
           appellant’s arguments have not convinced us of any error in that                    
           case, we will sustain the rejection of claims 36 and 45, and                        
           therefore of claims 37, 38, 43, 44, 46, 47, 52, and 53, under                       
           35 U.S.C. § 103.                                                                    
                We will also sustain the rejection of claims 39-42 and 48-51                   
           under 35 U.S.C. § 103 because appellant argues only that                            
           Mengshoel and Busey do not provide for the deficiencies of the                      
           combination of Kishinsky/Zmolek in providing for a                                  
           “registration.”  Since we have found no such deficiencies in the                    
           Kishinsky/Zmolek combination, appellant’s argument in this regard                   
           is not persuasive.                                                                  



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