Ex parte PASCOE - Page 3

          Appeal No. 97-1355                                                          
          Application 08/072,826                                                      

          invention.  Accordingly, we do not sustain the rejection of                 
          claims 1, 3, 6-8, 10, 13 and 14.                                            
               Initially, however, we express our disagreement with the               
          appellant's view that Petaccia does not disclose automatically              
          deleting files which have been found to match predefined user               
          designated criteria for deletion because subsequent to the                  
          successful search for files the actual deletion requires another            
          step from the user, i.e., execution of a "batch" delete command.            
          The examiner correctly pointed out that even the appellant's own            
          preferred embodiment provides for the user's reviewing a list of            
          found items based on the predetermined criteria and making a                
          final decision to delete (answer at 6).  Thus, applying the rule            
          of broadest reasonable interpretation consistent with the                   
          specification, we conclude that the automatically deleting                  
          feature does not exclude a last minute user verification of all             
          the files to be deleted before the delete operation is executed.            
               The examiner also correctly determined that "Petaccia did              
          not describe the selection of a 'scrubber' container as that term           
          can fairly be interpreted from appellant's disclosure"  (answer             
          at 5).  Indeed, we find that Petaccia does not disclose a                   
          "scrubber" container.  Since there is no scrubber container in              
          Petaccia, no scrubber container can be selected.                            


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Last modified: November 3, 2007