Appeal 2007-2171
Application 09/821,066
Referring to claim 3-4.-Scheer discloses a method of generating a list
of interchangeable parts, comprising:
• Defining a first table identifying a plurality of parts (Figure 7
and paragraph 0174); Defining a second table, associated with the first
table, indicating functional relationships between the parts (Figure 7
and paragraph 0174);
• Recursively searching the first and second tables to generate the
list of interchangeable parts (Figure 7 and paragraph 0174); and
• Receiving a part identifier (paragraph 0233).
3. In the Final Rejection (p. 4; reproduced in the Answer 6), the
Examiner found that Scheer described the subject matter of claim 6, stating
the following: “Referring to claims 6-9. Claims 6-9 are rejected under the
same rationale as set forth above in claims 1-5.” (Answer 6).
4. In the Final Rejection (p. 4; reproduced in the Answer 6), the
Examiner found that Scheer described the subject matter of claims 13,
stating the following: “Referring to claims 13-14. Claims 13-14 are rejected
under the same rationale as set forth above in claims 1-5.” (Answer 7).
5. The Appeal Brief argues the following Appellants in rebuttal:
The rejection under §102(e) as anticipated by Scheer is
traversed. In order to maintain this anticipation rejection, each and
every claim element must be disclosed by the reference in as great
detail as claimed. Scheer fails to disclose at least “defining a database
for indicating functional relationships between a plurality of parts; and
searching the database to identify one or more groups of functionally
interchangeable parts” as claimed in claims 1, 6, and 13. At most,
Scheer discloses that an agent may determine if a distributor has
access to any equivalent products. See, Scheer, para. 0147. Scheer
does not disclose the existence of any database for indicating
functional relationships between a plurality of parts. Therefore,
Scheer cannot anticipate claims 1, 6 or 13.
Furthermore, since Scheer does not disclose a database
indicating functional relationships between a plurality of parts, Scheer
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