Ex Parte Whitmyer - Page 13

             Appeal 2007-1305                                                                                         
             Application 09/725,394                                                                                   

         1        Since Schneider’s system contains content that users wish to retrieve,                              
         2   Schneider’s content is exemplary of the type of content that Fucarile’s licensing                        
         3   system might control.  Thus it would have been obvious to a person of ordinary                           
         4   skill in the art to have applied Schneider’s content to Fucarile’s licensing system to                   
         5   result in the subject matter of claim 1.                                                                 
         6                                                                                                            
         7        Claim 3 Argued Separately                                                                           
         8        As to the issue of generation of a transfer document in claim 3, again, Fucarile                    
         9   reassembles the license and data within the plug-in program after it has been                            
        10   transmitted from the database server, thus combining the license form and content                        
        11   (FF17).                                                                                                  
        12                                                                                                            
        13                                  CONCLUSIONS OF LAW                                                        
        14        From the above facts and analysis, we conclude that the combination of                              
        15   Schneider and Fucarile suggests the claimed subject matter, and that it would have                       
        16   been obvious to a person of ordinary skill to apply those elements to achieve the                        
        17   claimed invention.  Therefore, the Examiner’s rejection of claims 1-10 under 35                          
        18   U.S.C. § 103(a) as obvious over Schneider and Fucarile is sustained.                                     










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