Ex Parte Burg et al - Page 11


                Appeal 2007-1695                                                                             
                Application 10/418,835                                                                       
                flight scheduling and hotel information (see Huemoller col. 2, ll. 25-45).                   
                The Examiner contends that since the above typically involves buying and                     
                selling, it would have been obvious to the skilled artisan to use Huemoller’s                
                scheduling system to incorporate a listing of buyers and sellers (see also                   
                Huemoller, Fig. 19, which shows sales information from various                               
                organizations).  The Examiner argues that since Huemoller's scheduling                       
                system mimics a physical scheduling book, it would have been obvious to                      
                keep track of the buying and selling of relevant people (see e.g., Huemoller,                
                i.e., Fig. 10 contains a “Notes” tab, which can include relevant information                 
                accordingly) (Answer 16-17).                                                                 
                      After carefully considering the evidence before us, we find the                        
                Huemoeller reference does not fully support the Examiner’s position.  We                     
                note that the language of the claim requires a step of “constructing a list of               
                relevant people from the overlay information, wherein relevant people                        
                include people who have been contacted or who have made a purchase”                          
                (claim 1, emphasis added).  The language of claim 1 expressly requires that                  
                “the overlay information includes sales information and purchaser                            
                information” (id.).  In particular, we note that the “sales” information the                 
                Examiner refers to in Fig. 19 is merely a listing of various ticket box offices              
                where tickets may be purchased.  In the rejection of claim 1, we find the                    
                Examiner merely sets forth a theory that such sales and purchase information                 
                would have been “reasonably inherent” to a person of ordinary skill in the                   
                art (See Answer 6, ¶ 1).  Thus, we find no teaching and/or suggestion in                     
                Huemoeller of constructing a list of relevant people from overlay                            
                information that includes both sales information and purchaser information,                  


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