Ex Parte Wilson - Page 10

             Appeal 2007-0896                                                                                          
             Application 09/731,019                                                                                    

         1     Claims 1-2 and 7-17 rejected under 35 U.S.C. § 103(a) as obvious over Epinions                          
         2                                           and Salas.                                                        
         3        From the above Findings of Fact, supported by substantial evidence, we                               
         4   conclude that                                                                                             
         5       • The art applied shows or suggests one vote per person, and it shows or                              
         6           suggests votes applied toward rating usefulness or product or service                             
         7           reviews (FF 10&13).                                                                               
         8       • The nature of the textual material the votes apply to cannot define the                             
         9           invention over the art because the descriptive material is not functionally                       
        10           related to the substrate (see Ngai).                                                              
        11        As the Examiner has shown how the combination of Epinions and Salas                                  
        12   describes the remaining claimed subject matter, we do not find reversible error.                          
        13        Accordingly we sustain the Examiner's rejection of claims 1-2 and 7-17 under                         
        14   35 U.S.C. § 103(a) as obvious over Epinions and Salas.                                                    
        15                                                                                                             
        16 Claims 1-2 and 7-17 rejected under 35 U.S.C. § 103(a) as obvious over Klingman.16                                                                                                            
        17        From the above Findings of Fact, supported by substantial evidence, we                               
        18   conclude that                                                                                             
        19       • The nature of the textual material the votes apply to cannot define the                             
        20           invention over the art because the descriptive material is not functionally                       
        21           related to the substrate (see Ngai).                                                              
        22        As the Examiner has shown how Klingman describes the remaining claimed                               
        23   subject matter, we do not find reversible error.                                                          

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