Ex Parte NOBLE et al - Page 13




                    Appeal No. 2001-2688                                                                                                                                  
                    Application No. 08/735,619                                                                                                                            


                              Turning to the rejection of claim 24 under 35 U.S.C. § 103                                                                                  
                    as being unpatentable over Clanton in view of Grossman and                                                                                            
                    Williams, we fail to find that these claims require the same                                                                                          
                    limitations as we have pointed out above.  In particular, claim                                                                                       
                    24 recites                                                                                                                                            
                              [a] method of selecting a physical item from a stock of                                                                                     
                              physical items, such physical item classifiable into                                                                                        
                              one having at least two categories, comprising:                                                                                             
                              representing the stock as a geometric object                                                                                                
                              corresponding to a virtual space having logical                                                                                             
                              coordinates in at least two dimensions, where each                                                                                          
                              physical item is assigned to a point on the logical                                                                                         
                              coordinates in accordance to its categories.                                                                                                
                    We fail to find that Appellants' above arguments as to claim 24                                                                                       
                    apply because the claim is not directed to a database in a                                                                                            
                    computer system.  Appellants further argue on pages 8 and 9 of                                                                                        
                    the brief that the references fail to teach or suggest (1) items                                                                                      
                    classifiable in two categories; (2) a geometric object                                                                                                
                    corresponding to a virtual space having logical coordinates used                                                                                      
                    to represent items in a database; or (3) the assignment of the                                                                                        
                    items to point on the logical coordinates based on the                                                                                                
                    classifications of the items and displaying them accordingly.  As                                                                                     
                    pointed out above, we fail to find that claim 24 requires the                                                                                         
                    limitation of a database.  The claim clearly recites the term                                                                                         
                    "stock" which is much broader than a database.  We find that                                                                                          

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