Ex Parte Carp et al - Page 4

                Appeal  2007-0768                                                      Page 4                 
                Application  10/430,883                                                                       

           1          suitable, said summons including an assigned report date for said                       
           2          qualified prospective juror to report to the trial court for jury service.              
           3                                                                                                  
           4                                      ISSUES                                                      
           5                                                                                                  
           6          Appellants contend that the Examiner has not shown that the                             
           7    following claimed limitations are taught or suggested in the cited prior art:                 
           8          with respect to claim 1:                                                                
           9    •     categorizing responses to a Juror Suitability Test form from                            
           9 prospective jurors and assigning them to a group indicative of a trial type for                  
          10                                                                                                  
          10 which a prospective juror is suitable to sit as a juror (see FF 11 below); and,                  
          11                                                                                                  
          12    •     administering the claimed Juror Suitability Test prior to any                           
          12 prospective juror panel being assembled at a trial (FF 12);                                      
          13                                                                                                  
          14                                                                                                  
          15          with respect to claim 11:                                                               
          16    •     administering the claimed Juror Suitability Test prior to any                           
          16 prospective juror panel being assembled at a trial prior to a prospective juror                  
          17                                                                                                  
          17 being summoned as a panel to court for a trial (FF 18); and,                                     
          18                                                                                                  
          19    •     automating the process (FF 19); and,                                                    
          20                                                                                                  
          21          with respect to claim 14:                                                               
          22    •     transmitting a summons only to those jurors who are suitable for the                    
          22 trial, the suitability test having already been administered (FF Error!                          
          23                                                                                                  
          23 Reference source not found.).                                                                    
          24                                                                                                  
          25                                                                                                  
          26          The issue is whether Appellants have established that the references                    
          27    do not teach or suggest the claimed limitations and thus shown that the                       
          28    Examiner erred in rejecting the claims as being unpatentable over the prior                   
          29    art.                                                                                          
          30                                                                                                  
          31                                                                                                  
          32                                                                                                  
          33                               FINDINGS OF FACT                                                   
          34                                                                                                  




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