Ex Parte Szmanda - Page 8


                Appeal No. 2007-0220                                                                              
                Application No. 09/982,640                                                                        
                2 of Skillen.  To refine the initially returned search results, they utilize a                    
                plurality of times the same set of fuzzy logic of claims 23 and 37.  No                           
                arguments are presented to us in the principal Brief on appeal as to                              
                dependent claims 4, 9, 14 through 16, 21, 22, 28 through 30, 35, 36, 40, 41,                      
                and 44.                                                                                           
                       Although most of these initial remarks in this opinion relate to the                       
                rejection of various claims over Skillen, they do apply to each of the three                      
                separately stated rejections of the claims on appeal.  Likewise, to the extent                    
                the Examiner has not addressed Appellant’s arguments in the principal Brief                       
                on appeal to certain dependent claims relating to Skillen or Loeb, this                           
                appears to be either an oversight or the Examiner is relying upon the stated                      
                rejection effectively to respond to any additional remarks in the Briefs.  We                     
                have identified certain dependent claims not argued by Appellant with                             
                respect to the rejection of Skillen and have addressed those that have been                       
                argued.                                                                                           
                       As to Loeb, Figures 1 through 3 of this reference show a consumer or                       
                customer of representative dependent claim 6 on appeal operating with a                           
                central controller 110, the details of which are set forth in Figures 2 and 3 in                  
                a query response dialog arrangement.  Figures 2 and 3 show consumer                               
                databases and a plurality of duplicate, even redundant servers such as the                        
                search server and hot swap server as well as a database in a server farm and                      
                presentation to a user server farm.  Figure 4 relates to a consumer database                      
                to which the artisan may attribute various demographics information.                              
                Figures 6 and 7 relate to publisher and fulfillment house data structures and                     
                their respective databases with respective contact points and address                             
                information correlated to respective trade magazines or items to be sold to                       

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