Appeal 2007-1502
Application 09/929,260
special virtual directory comprises at least one level of said
hierarchical tree, said one level being more deeply nested than a
level of said special virtual directory in said hierarchical tree.
C. REJECTION
Claims 67, 68, 76-80, and 88-90 stand rejected under 35 U.S.C.
§ 102(e) as anticipated by U.S. Patent Application Pub. No. 2001/0049675
("the Publication").
II. ISSUE
"Rather than reiterate the positions of parties in toto, we focus on the
issue therebetween." Ex Parte Filatov, No. 2006-1160, 2007 WL 1317144,
at *2 (BPAI 2007). The Examiner finds that claims 67, 68, 76-80, and 88-90
read on Figure 8 and claims 19, 20, 23, and 24 of the Publication. (Answer
3-5.) The Appellants "present[ ] no arguments pertaining to the content of
the . . . Publication or its application to the claims." (Id. 9) Instead they
argue that "the same inventor was the source of both the claimed subject
matter in the present application and the cited subject matter in the prior art.
. . ." (Reply Br. 1.) In support thereof, they submit three declarations, which
the Examiner labels "Declaration A," "Declaration B," and "Declaration C."
(Answer 5.) Therefore, the issue is whether the Appellants' Declarations
establish that Benjamin Mandler ("Mandler") invented both the subject
matter of claims 67, 68, 76-80, and 88-90 and the relied-on disclosure of the
Publication.
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