Ex Parte James et al - Page 8




              Appeal No. 2003-1112                                                                                        
              Application No. 09/520,892                                                                                  


                     With respect to the examiner’s reliance upon the teachings of Chong, appellants                      
              argue that the examiner has not provided a prima facie case of obviousness.  (See                           
              brief at pages 18-19.)  We agree with appellants and find the examiner’s rationale for                      
              the combination to be merely conclusory.  Furthermore, we do not find that the                              
              teachings of Mitchell and Chong remedy the noted deficiency in the teachings of                             
              Yamauchi with respect to the lack of the teaching of an application server as discussed                     
              above.  Furthermore, we generally agree with appellants’ three arguments at pages 17-                       
              21 of the brief, and we will not sustain the rejection based upon the combination of                        
              Yamauchi, Mitchell, and Chong.                                                                              









                                                    CONCLUSION                                                            
                     To summarize, the decision of the examiner to reject claims 1-65 under                               
              35 U.S.C. § 103 is reversed.                                                                                






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