Appeal No. 1999-1852
Application No. 08/701,242
d. automated retrieval means for causing automatic retrieval to the
computer memory of a plurality of new data items, each new data item being
linked by a sequence of at least one identifier to a user-selected data item or
a data item linked thereto;
e. means for screening the items retrieved by the automated
retrieval means in accordance with the preference criteria to produce a
search set; and
f. means for reporting the search set to a user.
The examiner relies on the following references:
Sotomayor (Sotomayor) 5,708,825 Jan. 13, 1998
(filed May 26, 1995)
Claims 1, 2, 6-18 and 22-30 stand rejected under 35 U.S.C. § 102(a) as
anticipated by Kupiec. Claims 3-5 and 19-21 stand rejected under 35 U.S.C. § 103 as
unpatentable over Kupiec in view of Sotomayor.
Reference is made to the briefs and answer for the respective positions of
appellant and the examiner.
OPINION
With regard to the rejection under 35 U.S.C. § 102(a), the examiner takes the
position that each and every limitation of independent claims 1 and 17 is disclosed by
Kupiec. The examiner identifies the “identifying electronically encoded data items of
interest to a user” as being disclosed at column 8, lines 1-19 of Kupiec. The “data items
being stored on at least one computer and being identified by an item identifier”
3
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