Ex Parte JOHNSON - Page 3




          Appeal No. 2002-0901                                                        
          Application 09/126,996                                                      


          The RighTime Clock Company, Inc., (Y2KPCPro.Com v2.32b), May 23,            
          1998 and printed from http://www.righttime.com/pub/year2000.tx.             

               Claims 9, 10, 19 and 25 stand rejected under 35 U.S.C.                 
          § 112, second paragraph, for failing to particularly point out              
          and distinctly claim the invention1.  Claims 1-29 stand rejected            
          under 35 U.S.C. § 103(a).  As evidence of obviousness the                   
          examiner offers Erasoft in view of The RighTime Clock Company.              
               Rather than repeat the arguments of appellant or the                   
          examiner, we make reference to the briefs and the answer for the            
          respective details thereof.                                                 
          OPINION                                                                     
               We have carefully considered the subject matter on appeal,             
          the rejections advanced by the examiner, the arguments in support           
          of the rejections and the evidence of obviousness relied upon by            
          the examiner as support for the obviousness rejection.  We have,            
          likewise, reviewed and taken into consideration, in reaching our            
          decision, the appellant’s arguments set forth in the briefs along           
          with the examiner’s rationale in support of the rejections and              
          arguments in rebuttal set forth in the examiner’s answer.                   

               1  This rejection was made in the final rejection, but it is           
          not repeated in the examiner’s answer.  Since the response to               
          arguments section of the answer, however, indicates that the                
          rejection has been maintained, we will consider this rejection.             
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