Ex parte CASTONGUAY et al. - Page 5




          Appeal No. 95-2004                                                          
          Application 07/597,370                                                      

          appellants’ specification.  The examiner has not demonstrated               
          in Fields a collective servicing of the total event load by                 
          servers from different operational units according to the                   
          availability of servers at the various units.                               
               Fields involves the creation of an optimum staff schedule              
          for each store location based on the specific requirements of               
          the location.  Note that in column 1, lines 46-52, Fields                   
          states:                                                                     
               Each remote location has unique differences in                         
               layout, sales patterns, sales volume, and product                      
               mix.  These differences are further complicated by                     
               the uniqueness of each day of the week and                             
               seasonality of the year.  Such variables must be                       
               combined and examined to create a unique optimum                       
               staff schedule for each remote location.                               
          The mere fact that Fields refers to a multi-unit operation                  
          does not satisfy or reasonably suggest the claim feature at                 
          issue.                                                                      




          The appellants correctly assert that the examiner has miscon-               
          strued Fields (Br. at 7).  The appellants’ claimed allocating               
          step is not found or reasonably suggested by Fields.  It has                
          not been shown that the multiple units of Fields cooperate to               

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