Ex Parte Scardino et al - Page 6

                Appeal 2007-0723                                                                                
                Application 10/310,527                                                                          


                dependent claims 5, 20 and may be viewed by the artisan as constituting                         
                upload IDs of respective folders  in accordance with the Appellants’ own                        
                characterization of the admitted prior art.  The entity names and entity                        
                folders noted by the Examiner in the Answer as taught in Anderson are                           
                consistent with these teachings.                                                                
                       To the extent Anderson does not teach explicitly and to the extent                       
                Appellants’ own admitted prior art does not indicate either, the artisan would                  
                have interpreted Anderson as implicitly keeping the same hierarchical file                      
                structure known in the art upon transfer since it does not say so otherwise,                    
                but further permits the user to create the user’s own.  In this regard, the                     
                Examiner’s reliance upon Needham is not misplaced even though the reader                        
                may, at first blush, consider otherwise.  As urged by the Examiner, a                           
                consideration of the teaching value of Needham does clearly indicate that the                   
                transfer of files is consistent with the pre-existing file structure upon which                 
                it was created before it was sent.  The discussion at page 1, column 1 of                       
                Needham makes reference to the same prior art operating systems and file                        
                structures as does Appellants’ own admitted prior art in which the artisan                      
                would well appreciate in reading the nature of the operating systems utilized                   
                by Anderson as well.  The nature of file structures associated with each table                  
                and the organization thereof as well as the hierarchy of them is discussed at                   
                page 2, columns 1 and 2 of Needham and shown generally in figures 3                             
                through 5.  Figures 10, 12, and 15 through 17 illustrate the formation of                       
                directories, subdirectories and their files as well at the trial web site and their             
                associated data structures being preserved as well upon being copied when                       
                they are transferred to a production site and the like.                                         

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