Ex Parte NALLY - Page 8



          Appeal No. 2000-1284                                                        
          Application No. 08/576,730                                                  

          the base which respectively branches out to a compile list,                 
          a list generated by a recursive procedure for identifying                   
          additional components, and a final list of components to be                 
          included in the list.  Although representative claim 9 does not             
          recite the “listed only one time” feature, we agree with the                
          examiner that McInerney does in fact suggest that the components            
          on the list should be minimized, that is, not duplicated.  Since            
          we find that the examiner has established a prima facie case of             
          obviousness and since we are not persuaded of error by                      
          appellant’s arguments, we sustain the rejection of independent              
          claims 1 and 9 and dependent claims 7, 10 and 11 which stand or             
          fall with claim 1 or claim 9 [brief, page 3].                               
          With respect to separately argued claim 2, we agree with                    
          the examiner that the project component of McInerney constitutes            
          at least one known component as claimed.  With respect to                   
          separately argued claim 3, we agree with the examiner that the              
          project component of McInerney has an associated title which can            
          be used to identify a desired known component.  Therefore, we               
          also sustain the examiner’s rejection of claims 2 and 3.                    




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