Ex Parte Wilson - Page 4

              Appeal 2007-0896                                                                                         
              Application 09/731,019                                                                                   

         1                                            ISSUES                                                           
         2        The issues pertinent to this appeal are                                                              
         3       • Whether the rejection of claims 1-2 and 7-17 under 35 U.S.C. § 102(a) as                            
         4           anticipated by, or in the alternative, under 35 U.S.C. § 103(a) as obvious                        
         5           over NowThis is proper.                                                                           
         6              o Whether NowThis shows or suggests a user interface and whether                               
         7                  NowThis shows or suggests that the interface would have limited                            
         8                  votes to one per person (Br. 9-12).                                                        
         9       • Whether the rejection of claims 1-2 and 7-17 under 35 U.S.C. § 103(a) as                            
        10           obvious over Epinions and Salas is proper.                                                        
        11              o Whether the art applied shows or suggests one vote per person,                               
        12                  whether it shows or suggests votes applied toward rating usefulness or                     
        13                  product or service reviews, and whether what the nature of the textual                     
        14                  material the votes apply to can define the invention over the art (Br.                     
        15                  12-15).                                                                                    
        16       • Whether the rejection of claims 1-2 and 7-17 under 35 U.S.C. § 103(a) as                            
        17           obvious over Klingman is proper.                                                                  
        18              o Whether the art applied shows or suggests votes applied toward rating                        
        19                  usefulness or product or service reviews, and whether what the nature                      
        20                  of the textual material the votes apply to can define the invention over                   
        21                  the art (Br. 15-16).                                                                       
        22        In particular, the Appellant contends that what the interface written about in                       
        23    NowThis is speculative, that the Examiner may not rely on official notice of the                         
        24    notoriety of one voter per person because other voting methods also exist, that                          
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