Ex Parte FERGUSON et al - Page 8





          Appeal No. 2003-0360                                                        
          Application No. 08/947,032                                                  


          documents, we find nothing in common between the instant claimed            
          invention and that disclosed by Blandford.  The examiner has not            
          convincingly pointed to anything within Blandford, or within the            
          common knowledge of artisans, that would lead to the conclusion             
          that it would have been obvious to modify Blandford in any manner           
          to result in the “defining,” “analyzing,” and “triggering” steps            
          set forth in the instant claims.                                            
               In response to appellants’ arguments, the examiner rather              
          broadly points to a “. . .check being made whether archived or              
          not archived in col. 14, lines 37-47 suggests a condition. . .              
          (answer-page 9) and to an implicit suggestion of “. . .the step             
          of electronically analyzing a document attribute of an electronic           
          document to determine if the document attribute satisfies the               
          archiving condition in col. 1, lines 59-62 and col. 4, lines 25-            
          32.  A flag in fig. 18 (520) with the flag not set suggests an              
          archiving. . .” (answer-page 10).                                           
               The examiner appears to be “reaching” to find claimed                  
          subject matter that is simply not in Blandford.  If a check as to           
          whether a document is archived or not is the claimed “condition”            
          and the date of the document is the claimed “attribute,” then, in           

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