Appeal No. 2003-0427
Application No. 09/808,950
Claims 15 through 26 stand rejected under 35 U.S.C. § 102(a)
as being anticipated by the Internet version of eShop.
Reference is made to the briefs (paper numbers 16 and 20)
and the answer (paper number 18) for the respective positions of
the appellants and the examiner.
OPINION
For all of the reasons expressed by the examiner, and for
the additional reasons set forth infra, we will sustain the
anticipation rejection of claims 15 through 26.
Appellants have challenged the propriety of using the
Internet publications as evidence of activity under paragraph (a)
of 35 U.S.C. § 102 that will preclude the patentability of the
claimed invention (brief, pages 12 through 17). To be more
specific, appellants argue that the January 1, 1996 date printed
in the lower right hand corner on each sheet of the Internet
documents conflicts with the January 23, 1996 press release date
noted on page 1 of the eShop In The News publication. We agree
with the examiner’s position (answer, pages 5 and 6) that:
The Appellant has [sic] made a valid point in
stating that the references applied in the art
rejection were not likely posted on the Internet
exactly on January 1, 1996, due to the fact that one of
the press releases cited is dated January 23, 1996.
However, the Appellant’s [sic] argument is moot since
claims 15-26 stand rejected as being clearly
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