Ex Parte Rhoads - Page 2




          Appeal No. 2002-0012                                                        
          Application 09/545,174                                                      


               The substance of each independent claim 1, 2, 3 and 16 on              
          appeal requires in part that a first computer or subsystem store            
          data representing "a plurality of creator identifiers and creator           
          contact data corresponding to each of the creator identifiers" as           
          set forth in claim 1.  The end of each claim requires that a                
          network communicate an otherwise recited revealed creator                   
          identifier from a second computer or subsystem "to said first               
          computer to obtain the creator contact data corresponding to the            
          one of the plurality of creator identifiers from said first                 
          memory" as set forth in claim 1.  It is the interaction of these            
          features recited in some manner in each of the independent claims           
          on appeal that leads us to presently conclude that the examiner's           
          original rejection within 35 U.S.C. § 103 must be reversed.                 
               A review of pages 6-9 of our original opinion leads us to              
          conclude that we initially set forth an incomplete consideration            
          of all the features of the independent claims on appeal and of              
          the resulting combination of the teachings and suggestions of               
          Shear in view of Powell.  Although we remain of the view that the           
          two references are properly combinable within 35 U.S.C. § 103, it           
          is our present view now that the claimed invention would not have           
          resulted.                                                                   


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