Appeal Number: 2006-3321
Application Number: 09/843,381
may result from a given set of circumstances is not sufficient.' " In re Robertson,
169 F.3d 743, 745, 49 USPQ2d 1949, 1950-51 (Fed. Cir. 1999) (citations omitted)
There is nothing in Seo to indicate its buttons or water supplies necessarily
prepare customisable consumer products according to available selections made by
a consumer of one or more components of those consumer products having product
characteristics chosen by the consumer. Accordingly we do not sustain the
examiner's rejection of claims 1, 2, 3, 6, 14 and 16 under 35 U.S.C. § 102(e) as
anticipated by Seo.
Claims 1-10 rejected under 35 U.S.C. § 103(a) as obvious over Seo and Partyka.
There is no controversy over whether Partyka makes up for Seo’s deficiencies
in the independent claims. The dependent claim rejections cannot be sustained
where they fully incorporate the subject matter of the independent claims
improperly rejected over the same art. Accordingly we do not sustain the
examiner's rejection of claims 1-10 under 35 U.S.C. § 103(a) as obvious over Seo
and Partyka.
Claims 6-8 and 11-18 rejected under 35 U.S.C. § 103(a) as obvious over Seo and
Whigham.
There is no controversy over whether Whigham makes up for Seo’s
deficiencies in the independent claims. The dependent claim rejections cannot be
sustained where they fully incorporate the subject matter of the independent claims
improperly rejected over the same art. Accordingly we do not sustain the
examiner's rejection of claims 6-8 and 11-18 under 35 U.S.C. § 103(a) as obvious
over Seo and Whigham.
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