Ex Parte Sketch - Page 4

              Appeal No. 2007-0384                                                                    
              Application No. 09/681,784                                                              

                          dynamically querying a database of available learning solutions             
              to locate a learning solution that (i) is currently a best-in-class learning            
              solution for reducing the at least one competency gap, and (ii) best matches            
              the employee's preferred method of learning; and                                        
                          automatically defining a development plan for the employee                  
              including [a] learning solution identified with the dynamic query.                      
                    10. The method of claim 1 additionally comprising acquiring or                    
              selling learning solutions in an online auction format.                                 
                    12. The method of claim 1 additionally comprising mining online                   
              assessment data to select current employees for a particular employment                 
              opportunity.                                                                            
              2.  SABA SOFTWARE                                                                       
                    Claims 1-9, 13, 15, 16, 18, and 20 stand rejected under 35 U.S.C.                 
              § 103 as obvious over Saba Software Learning Management System from                     
              1997-2000, as evidenced by the following references:                                    
                    •  Saba Software web page entitled “Saba Learning Network,                        
              Enterprise Series” (reference A);                                                       
                    •  Burriesci, “It’s All About the Knowledge,” Intelligent Enterprise,             
              Vol. 2, pp. 10 and 12 (1999) (reference B);                                             
                    •  “Red Hat to Offer Saba Learning to Meet Global Training Needs,”                
              Business Wire (2000) (reference C);                                                     
                    •  Khirallah, “Veterans Agency Turns to Online Training,”                         
              Information Week, Vol. 779, p. 183 (2000) (reference D);                                
                    •  Saba Software web page entitled “Saba Competency Content                       
              Alliance,” web.archive.org/web/20000607004748/www.saba.com/                             
              english/enterprises/partners/comp_content.htm (reference E);                            
                    •  Saba Software web page entitled “Saba Learning Exchange,”                      
              web.archive.org/web/20000510182442/www.saba.com/english/enterprises/                    

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