Ex parte FIORE et al. - Page 9




              Appeal No. 95-1402                                                                                          
              Application No. 07/936,507                                                                                  


              operational data or that an “assessment” is carried out by the gateway entry station.                       
              Therefore, this argument is not persuasive.                                                                 

                                     LAVIGNE IN VIEW OF REITER AND COPE                                                   

                     The examiner relies upon Cope to teach the validating of information.  (See answer                   
              at page 5.)  The examiner has not relied upon Cope to teach any “reformatting the                           
              collected operational data into a single format” as recited in claim 1.  Furthermore, the                   
              examiner has not identified any portion of Cope teaching or suggesting this feature, nor do                 
              we find a clear teaching thereof in Cope.                                                                   


                               LAVIGNE IN VIEW OF REITER, COPE AND BEASLEY                                                

                     Similarly, Beasley does not teach or suggest the missing teaching as discussed                       
              above.                                                                                                      
                     In reaching our decision in this appeal, we have given careful consideration to the                  
              appellants’ specification and claims, to the applied prior art references, and to the                       
              respective positions articulated by the appellants and the examiner.  Upon evaluation of all                
              the evidence before us, it is our conclusion that the evidence adduced by the examiner is                   
              not sufficient to establish a prima facie case of obviousness with respect to                               
              claim 1.  Accordingly, we will not sustain the examiner's rejection of independent claim 1                  
              under 35 U.S.C. § 103.  Similar limitations are found in claims 8 and 11.  Therefore, we will               

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