Ex parte MUNOZ et al. - Page 3




              Appeal No. 1998-2093                                                                                       
              Application No. 08/303,809                                                                                 

                            transmitting a third signal from said consumer computer to said provider                     
                     computer that said selected data has been extracted.                                                
                     The examiner relies on the following reference:                                                     
              Yamaoka et al. (Yamaoka)           5,214,759                    May 25, 1993                               
                     Claims 1, 4-8, 12, 13, 16, 17, and 19 stand rejected under 35 U.S.C. § 102 as                       
              being anticipated by Yamaoka.                                                                              
                     We refer to the Final Rejection (mailed Jan. 31, 1997) and the Examiner's Answer                    
              (mailed Feb. 20, 1998) for a statement of the examiner's position and to the Brief (filed                  
              Nov. 12, 1997) and the Reply Brief (filed Apr. 24, 1998) for appellants’ position with                     
              respect to the claims which stand rejected.                                                                


                                                       OPINION                                                           
                     The Final Rejection sets forth, on pages 2 and 3, the 35 U.S.C. § 102 rejection of                  
              independent claims 1, 7, and 13 as being anticipated by Yamaoka.  The rejection applies                    
              the language of instant claim 13 to the disclosure of Yamaoka, although not in the order of                
              the features set forth in the claim.  For example, the rejection refers to “instructing the                
              provider computer to transfer the data to the mapped portion at the address in the shared                  
              memory,” which paraphrases paragraph “iv” of claim 13.  The rejection later refers to                      
              “means for facilitating communication to the provider computer that the consumer                           




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